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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Hayes v. Michigan Democratic Party

Case Information

Date Filed / Ended: December 10, 2007 / February 2, 2008
State: Michigan
Issue: Selection of Presidential Electors
Courts that Heard this Case: U.S. District Court for the Western District of Michigan (Case 1:07-cv-01237)

Issue: Whether Michigan's movement of the primary election date, in violation of National Party Rules, is unconstitutional, and whether the Michigan Democratic Party's decision to participate in the January 15 primary election is unconstitutional.

Status: Complaint filed on 12/10/07. Case dismissed on 2/5/08.

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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