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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

ACLU v. Schultz

Case Information

Date Filed: August 8, 2012
State: Iowa
Issue: Voter Registration
Courts that Heard this Case: District Court of State of Iowa, Polk County (Case CV009311); Iowa Supreme Court (Case 14-0585)

Issue:

Whether voter registration administrative rules were adopted in violation of Iowa law and whether voter registration rules exceeded the statutory authority of Iowa Secretary of State.

Status:

Petition  for Judicial Review of Agency Action  filed 8/8.12. Ordering granting Petitioner's Motion for Review and Judgment on the Merits and enjoining Secretary of State from enforcing administrative rules filed 3/5/14. Final briefs of appellant, appellees, and amici curiae filed in Iowa Supreme Court 10/20/14. Voluntary dismissal of appeal filed 3/12/15.

 

Iowa Supreme Court Documents

District Court Documents

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

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Info & Analysis

Federal District Court Panel Finds Unconstitutional Gerrymandering in Alabama

In an opinion released today, a three-judge panel of the U.S. District Court for the Middle District of Alabama found unconstitutional gerrymandering in 12 Alabama districts. In a separate concurring and dissenting opinion, one judge on the panel would have found more districts unconstitutionally drawn. The case is Alabama Democratic Conference v. Alabama.

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