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Election Law @ Moritz

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Litigation

 

Banfield v. Aichele

Case Information

Date Filed: August 15, 2006
State: Pennsylvania
Issue: Voting Technology
Current Court: Pennsylvania Supreme Court (Case No. 83 MAP 2013)

Issue:

Whether Pennsylvania’s use of DREs (direct recording electronic voting machines) violates Pennsylvania or federal law; whether the Secretary of the Commonwealth is required to re-examine the electronic voting system at request of electors.

Status:

Motions for Summary Judgment filed 8/8/11 by both Petitioner and Respondent. Opinion denying petitioners' motion for partial summary judgment issued 8/29/12. Status Conference scheduled for 1/29/13. Counts 1, 4, 5, and 6 dismissed on 1/29/13. Memorandum and opinion filed 10/1/13. Notice of Appeal filed 10/11/13. Notice of Judgment in favor of respondent filed 10/15/14. Appellant's Brief filed in Supreme Court on 1/6/14. Appellee's Brief filed 2/10/14. Appellant's Reply Brief filed 2/24/14.

Pennsylvania Supreme Court Documents

Commonwealth Court Documents

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Commentary

Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

U.S. Supreme Court strikes down aggregate campaign contribution cap

The U.S. Supreme Court issued its opinion today in McCutcheon v. FEC, striking down aggregate limits on political campaign contributions but leaving in place limits on contributions to individual candidates.

more info & analysis...