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Election Law @ Moritz

Election Law @ Moritz


Litigation

White v. Reed

Case Information

Date Filed / Ended: July 14, 2009 / November 6, 2009
State: Washington
Issues: Ballot Design, Voting Technology
Courts that Heard this Case: Washington Supreme Court (Case 833427)

Issue:

Whether requirings voters to vote on ballots containing unique bar code identifiers that can be used to identify the voters violates the State Constitution’s guarantee of "absolute secrecy" of the ballot and other state laws.

Status:

Petition for mandamus filed on 7/14/09.  Decision terminating Supreme Court review, 11/6/09.

Supreme Court Documents

  • Petition PDF (filed 7/14/09)
  • Answer to Motion (filed 8/19/09)
  • Answer to Motion (filed 8/20/09)
  • Reply to Response (filed 8/25/09)
  • Response (filed 9/25/09)
  • Supplemental Pleadings (filed 9/28/09)
  • Response (filed 9/28/09)
  • Motion to Strike (filed 9/28/09)
  • Answer to Motion (filed 10/5/09)
  • Response (filed 10/5/09)
  • Reply (filed 10/9/09)
  • Decision Terminating Supreme Court Review (entered 11/6/09)

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...