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Election Law @ Moritz

Election Law @ Moritz


Litigation

In the Matter of Philip Ragusa

Case Information

Date Filed / Ended: November 4, 2008 / December 19, 2008
State: New York
Issue: Recount Resources
Courts that Heard this Case: Supreme Court, Queens County (Case ); Supreme Court, Appellate Division, Second Judicial Department (Case 2008-11181)

Issue:

Whether the parties had been given an opportunity pursuant to Election Law section 9-209(2)(d) to make objections to the casting or refusal to cast approximately 1,700 ballots found by Board of Elections personnel to be preliminarily invalid.

Status:

Decision and Order entered by the Supreme Court of New York, Appellate Division, Second Judicial Department on 12/19/08.

Supreme Court, Appellate Division 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.

more info & analysis...