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Election Law @ Moritz

Election Law @ Moritz


Litigation

League of Women Voters of New Mexico v. Herrera

Case Information

Date Filed: October 23, 2008
State: New Mexico
Issue: Improper Election Administration
Courts that Heard this Case: New Mexico Supreme Court (Case 31,386)

Issue:

The issue in this case is what constitutes a legal vote in the State of New Mexico and whether official are allowed to discern the intent of voters even when the ballot is marked improperly.

Status:

NOTICE: The electronic docket for this case is not freely available to the public. Filings in this case are not being monitored on a daily basis. Select documents will be added to this page when possible.

Emergency Petition for Writ of Mandamus filed on 10/23/08.  Response due on 10/29/08.  Writ of Mandamus granted on 10/30/08.

New Mexico Supreme Court Documents

Related Links

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...