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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Great America PAC v. Wisconsin Elections Commission

Case Information

Date Filed: December 1, 2016
State: Wisconsin
Issue: Recount Resources
Courts that Heard this Case: U.S. District Court for the Western District of Wisconsin (Case 3:16-cv-00795)

Issue:

Whether the statewide recount, and its methods, of the recent presidential election will violate the equal protection and due process clauses of the United States Constitution.

Status:

Complaint filed 12/1/2016. Motion for Temporary Restraining Order and Memo in Support filed 12/2/16. Temporary Restraining Order Denied 12/2/2016. Motion to Intervene by Jill Stein filed 12/2/16. Order granting Jill Stein's motion to intervene and setting deadline of 12/7/16 for Stein's response to plaintiffs' motion for preliminary relief. Memoranda in opposition to motion for preliminary relief filed 12/7/16. Court denied motion for preliminary relief at hearing on 12/9/16. Plainitffs' Notice of Voluntary Dismissal filed 12/19/16.

 

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. 


more EL@M in the news...

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.

more info & analysis...