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Last Updated: September 10, 2010 at 1:39 PM

San Diego County v. Bowen

Case Information

Date Filed: December 18, 2007
State: California
Issue: Voting Technology
Courts that Heard this Case: San Diego Superior Court (Case 37-2007-00084017-CU-WM-CTL); 4th Appellate District, Division 1 (Case D052375 )

Issue: Whether California Secretary of State Debra Bowen has the authority to require expanded election auditing procedures for counties using certain kinds of electronic voting machines.

Status: Complaint filed on 12/18/07. Court denied Plaintiffs request for writ of mandamus (Tentative Order, 1/17/08). Petition for writ of mandate filed Appellate Court on 1/25/08. Petition for writ denied 1/29/08.

Fourth Appellate Division

Petition for Writ of Mandate (filed 1/25/08)
Order denying petition for writ (filed 1/29/08)

San Diego Superior Court

Complaint (filed 12/18/07)
Tentative Order (filed 1/17/08)

Commentary

A Poster Child for Dysfunctional Districting

Daniel P. Tokaji

Fifty years ago next month, the U.S. Supreme Court decided Baker v. Carr (1962), inaugurating the “reapportionment revolution” which led to the redrawing of legislative districts across the country. This milestone provides the opportunity to reflect not only on what has been accomplished, but also on what still needs to be done.

more commentary...

In the News

This week: Bama voting rights case in DC courtroom on Thursday

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted by The Birmingham News in an article about a local county's crusade to end 47 years of federal government oversight of its election returns.

Shelby County is hoping a federal appeals court will agree that the county no longer needs the U.S. Justice Department to approve changes in the ways elections are conducted because the area has progressed from its discriminatory past. It is unclear whether the case would be the vehicle with which justices of the U.S. Supreme Court would review the constitutionality of Section 5.

"I am reasonably confident they're going to take up the question of Section 5 constitutionality within the next few years," Tokaji said. "It could be Shelby County, it could be South Carolina, or some other."

more EL@M in the news...

Info & Analysis

Federal Court Finds Equal Protection Violation

In the Hunter case, involving provisional ballots in a local Ohio election from 2010, the federal district court has ordered that ballots must be counted if they are otherwise eligible if they were miscast because of poll worker error.

more info & analysis...

Major Pending Cases

more litigation...

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