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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Van Hollen v. IRS

Case Information

Date Filed: August 21, 2013
State: Washington, D.C.
Issue: Campaign Finance
Courts that Heard this Case: District Court for the District of Columbia (Case 1:13-cv-01276)

Issue:

Issue 1:

Did the IRS unlawfully withhold or unreasonably delay in failing to initiate a rulemaking to amend TR 1.501(c)(4)?

Issue 2:

 Does the IRS's directive constitute an act that is arbitrary, capricious, or an abuse of discretion because it permits section 501(c)(4) organizations to engage in substantial election campagin interventions?

Status:

Complaint filed 8/21/13. Case consolidated with CREW v. IRS on 9/6/13. Notice of Voluntary Dismissal by Van Hollen, Democracy 21, Campaign Legal Center, and Public Citizen, Inc. filed 12/6/13.

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.

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...