Election Law @ Moritz Home Page

Last Updated: November 28, 2018 at 8:41 PM

Barber et al. v. Bennett

Case Information

Date Filed: November 24, 2014
State: Arizona
Issue:
Courts that Heard this Case: (Case )

Date Filed: November 30, -0001
State: Arizona
Issues: Provisional Ballots, Early Voting, Redistricting
Courts that Heard this Case: District of Arizona (Case 14-cv-02489)

Issue:

Whether election officials handling of early ballots and provisional ballots violates the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment.

Status:

Complaint filed 11/24/14. Motion for Preliminary Injunction and TRO filed 11/24/14. McSally's Response in Opposition to Motion for Preliminary Injunction filed 11/25/14. McSally's Motion to Dismiss filed 11/25/14. Defendant's Response to Motion for Preliminary Injunction filed 11/25/14. Order denying 11/27/14. Answer filed 12/11/14. Stipulation of Dismissal filed 2/18/15. Order pursuant to Stipulation to Dismiss filed 2/20/15.

District Court Documents

Complaint (filed 11/24/14)
Plaintiff's Motion for TRO (filed 11/24/14)
Martha McSally's Motion to Intervene (filed 11/25/14)
McSally's Response to Motion for TRO (filed 11/25/14)
McSally's Motion to Dismiss (filed 11/25/14)
- Exhibit A
Defendant's Response to Motion for TRO (filed 11/25/14)
- Exhibit
Defendant's Notice of Joinder with McSally's Response (filed 11/25/14)
- Exhibit
Defendant's Joinder with McSally's Motion to Dismiss (filed 11/25/14)
Plaintiff's Response to Motion to Intervene (filed 11/25/14)
Plaintiff's Response to Motion to Dismiss (filed 11/25/14)
Plaintiff's Reply to Response to Motion to TRO (filed 11/25/14)
McSally's Reply to Response to Motion to Dismiss (filed 11/26/14)
- Exhibit
Order denying Application (filed 11/27/14)
Answer (filed 12/11/14)
Plaintiffs' Stipulation of Dismissal (filed 2/18/15)
Order pursuant to Stipulation of Dismissal (filed 2/20/15)

Commentary

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

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

more litigation...

Election Law @ Moritz | The Ohio State University Michael E. Moritz College of Law | electionlaw@osu.edu

Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation. Individuals affiliated with the program may in their own personal capacity participate in campaign or election activity, or engage in pro bono representation of clients other than partisan candidates or organizations.

PDF files in this site require Adobe Reader to view (link opens in NEW window). If you have trouble accessing this page or need to request an alternate format, please email the Moritz Law Webmaster.

OSU Navigation Bar