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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Banfield v. Cortes

Case Information

Date Filed / Ended: August 15, 2006 / April 4, 2008
State: Pennsylvania
Issue: Voting Technology
Courts that Heard this Case: Commonwealth Court of Pennsylvania (Case No. 442 MD 2006); Pennsylvania Supreme Court (Case No. 70 MM 2007); 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 oral argument held 9/10/14. Opinion affirming Commonwealth Court filed 2/18/15.

Pennsylvania Supreme Court Documents

Commonwealth Court Documents

Related Links

Related News Articles

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

more commentary...

In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

more EL@M in the news...

Info & Analysis

Michigan Federal Judge Blocks Law Prohibiting Straight Ticket Voting

U.S. District Judge Gershwin Drain issued an opinion blocking enforcement of a Michigan law prohibiting straight-ticket voting. This voting method allows voters to easily select the entire slate of candidates on the ballot from a particular party. Michigan abolished straight-ticket voting by enacting a law effective in January. In granting the plaintffs\' motion for a preliminary injunction, Judge Drain determined that the law \"presents a disproportionate burden on African-Americans\' right to vote.\" The case is Michigan State A. Philip Randolph Institute v. Johnson.

more info & analysis...