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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Geller v. Democratic National Committee

Case Information

Date Filed / Ended: May 22, 2008 / August 15, 2008
State: Florida
Issue: Selection of Presidential Electors
Courts that Heard this Case: U.S. District Court for the Southern District of Florida (Case 0:08-cv-60774)

Issue:

Plaintiff is seeking injunctive relief in the form of an order requiring the DNC to honor votes that were cast in the Florida Democratic primary election. Plaintiff alleges constitutional violations and violations of the Voting Rights Act.

Status:

Complaint filed 5/22/08.  Motion for Summary Judgment filed by DNC on 6/12/08.  Plaintiffs have yet to respond.  Plaintiffs filed an unoppsed motion to dismiss (their complaint had become moot) on 8/14 and the case was dismissed with prejudice on 8/15.

District Court Documents

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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