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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Last Updated: September 7, 2020 at 10:04 PM

S.P.S. ex rel. Short v. Raffensperger

Case Information

Date Filed: November 1, 2019
State: Georgia
Issue: Ballot Design
Current Court: U.S. District Court District for the Northern District of Georgia (Case 1:19-cv-04960)

Issue:

Plaintiffs challenge the constitutionality of a Georgia law mandating that candidates be listed on the ballot in “descending order” based on the number of votes cast for the candidates of the political parties for Governor in the last gubernatorial election. 

Status:

Plaintiffs' reply in support of thier motion for Preliminary Injunction and in opposition to Defendants' Motion to Dimiss 6/12/2020. 

U.S. District Court Documents

  • Complaint pdf file (11/1/19)
  • First Amended Complaint For Declaratory And Injunctive Relief Against All Defendants pdf file (11/15/19)
  • Motion For Preliminary Injunction By DCCC pdf file (11/18/19)
  • Brief In Support re Motion For Preliminary Injunction Memorandum In Support Filed By DCCC pdf file (11/18/19)
  • Response In Opposition re Motion For Preliminary Injunction pdf file (12/20/19)
  • Exhibit A - Dec. Of Michael Fronterra pdf file (12/20/19)
  • Exhibit B - Order Denying Preliminary Injunction In Jacobson pdf file (12/20/19)
  • Motion To Dismiss Plaintiffs' First Amended Complaint With Brief In Support pdf file (1/10/20)
  • Attachments: # 1 Brief pdf file (1/10/20)
  • Reply To Response To Motion re MOTION For Preliminary Injunction Filed By DCCC pdf file (1/10/20)
  • Response In Opposition re Motion To Dismiss Plaintiffs' First Amended Complaint Filed By DCCC pdf file (1/24/20)
  • Notice Of Filing Supplemental Authority By Plaintiffs pdf file (1/29/20)
  • Attachments: # 1 Exhibit 01/27/2020 Opinion pdf file (1/29/20)
  • Reply To Response To Motion re Motion To Dismiss Plaintiffs' First Amended Complaint pdf file (2/7/20)
  • Supplemental Brief In Support re 22 Motion For Preliminary Injunction And In Opposition re Motion To Dismiss Plaintiffs' Supplemental Brief re 54 Order pdf file (5/15/20)
  • Defendants' Response re 54 Order And 57 Response In Support Of Motion pdf file (5/29/20)
  • Plaintiffs' Reply Brief re 22 Motion For Preliminary Injunction , 37 Motion To Dismiss Plaintiffs' First Amended Complaint Plaintiffs' Reply In Support Of Their Supplemental Brief re 54 Order pdf file (6/12/20)
  • Response re Notice (Other), Response To Defendant's Notice Of Supplemental Authority Filed By DCCC, DNC Services Corp., DSCC, Democratic Party Of Georgia, Inc., Angie Jones, Aileen Nakamura, Edwin Prior, Priorities USA, S.P.S., ex rel., Natalie Short pdf file (7/15/20)
  • Order pdf file (8/13/20)
  • Defendants' Renewed Motion to Dismiss with Brief in Support pdf file (8/27/20)

    • 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.

    more commentary...

    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...

    Major Pending Cases

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