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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Franken v. Pawlenty

Case Information

Date Filed / Ended: January 13, 2009 / March 6, 2009
State: Minnesota
Issues: MN Senate race 2008, Election Contest, Recount Resources
Courts that Heard this Case: Minnesota Supreme Court (Case A09-0064)

Issue:

Whether Senate candidate Al Franken is entitled to receive an election certificate signed by the governor and secretary of state while an election contest brought by his opponent, Norm Coleman, is ongoing.

Status:

Petition filed by Franken on 1/13.  Norm Coleman filed motion to intervene 1/14. Brief of Al Franken filed 1/20. Respondents' Brief filed 1/26. Intervenor's Brief filed 1/26. Al Franken's Reply Brief filed 1/28. Opinion entered 3/6.

Minnesota Supreme Court Documents

MN Courts Document Page

Commentary

Edward B. Foley

Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley

A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

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In the News

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

 

"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


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Info & Analysis

Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

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