OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Favors v. Cuomo

Case Information

Date Filed: November 17, 2011
State: New York
Issue: Redistricting
Courts that Heard this Case: United States District Court for the Eastern District of New York (Case 1:11-cv-05632 )

Issue:

Whether New York's redistricting procedure violates the Due Process and Equal Protection Clauses of the 14th Amendment, among other provisions.

Status:

Complaint filed 11/17/11. Motion to Dismiss Denied 5/16/12. Answer to Cross Claim filed 6/18/12. Assembly Majority's Motion for Summary Judgment on Equal Population claims and section 2 claims filed 6/29/12. Stipulation of Dismissal of Voting Rights Act Section 2 claims against Assembly defendants filed 12/18/12. Final Judgment Order filed 11/5/13. Amended Judgment Order filed 11/8/13. Order granting Motion for Summary Judgment filed 5/22/14. Plaintiff-Intervenors' First Motion for Reconsideration filed 6/4/14. Defendants' Objection to Magistrate's Report and Recommendation filed 6/6/14. Order denying Motion for Reconsideration filed 7/25/14. Order adopting Report and Recommendation filed 8/14/14. Order closing Case filed 8/14/14. Order that Clerk enter Judgment filed 9/5/14. Clerk's Order in favor of the Senate majority filed 9/11/14.

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.

more commentary...

In the News

Edward B. Foley

Trump Calls for Voter Fraud Probe: A Look at Past Inquiries

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”
 


 

more EL@M in the news...

Info & Analysis

U.S. District Judge Rules that Ohio Voter Services Website Violates ADA

A U.S. District Judge issued an opinion finding that the Ohio Secretary of State\'s voter services website violates Title II of the Americans with Disabilities Act because it is not accessible to visually impaired Ohio voters. Judge George C. Smith ordered Secretary of State John Husted to make the site more accessible by September 29, 2017. As discussed in the opinion, the information on the voter services site does not meet established standards of accessibility for visually impaired voters who use screen reading software. The case is Hindel v. Husted.

more info & analysis...