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Election Law @ Moritz

Election Law @ Moritz



Texas v. Holder

Case Information

Date Filed: January 24, 2012
State: Texas
Issues: Voting Rights Act, Voter ID
Courts that Heard this Case: U.S. District Court for the District of Columbia (Case 1:12-cv-00128); United States Supreme Court (Case 12-1028)


Whether Texas' voter ID law should be granted preclearance under section 5 of the Voting Rights Act.


Complaint Filed 1/24/12. Answer filed 4/9/12. Trial commenced 7/10/12. Opinion Denying Texas' Request for a Declaratory Judgment on Count One issued 8/30/12. Plaintiff's Motion for Summary Judgment filed 10/1/12. Order entering final judgment on claim one filed 12/17/12. Notice of Appeal to Supreme Court filed 12/19/12. Lawyer's Committee Motion to Affirm filed 5/9/13. DOJ's Motion to Affirm filed 5/9/13. Rodriguez Intervenor's Motion to Affirm filed 5/9/13. Judgment Vacated and Remanded in light of Shelby County v. Holder filed 6/27/13. Case dismissed on 8/27/13. Order denying Kennie-Intervenros' Motion for Attorney's Fees filed 8/11/14.

Supreme Court Documents

District Court Documents


Edward B. Foley

The Claim that the Media is Rigging the Election--and Citizens United

Edward B. Foley

This post floats a tentative thought, welcoming reaction to it (but isn't that in part what blogging is for? :-) Elsewhere, I've addressed the current claims that the election might be rigged through modern-day equivalents of old-fashioned ballot-box stuffing.  Here, I want to consider the other current claim being made: that the mainstream media is rigging (or attempting to rig) the election, as Trump, Pence, and other supporters of their ticket are claiming. 

more commentary...

In the News

Edward B. Foley

Explaining how recounts and contested presidential elections work

Professor Edward Foley was quoted in Yahoo! News about vote recounts and the history of contested presidential elections. A handful of past elections haven’t been officially determined on election night, he said, including races in 1876, 1884, 1916, and 1960. The article originally appeared on the National Constitution Center’s blog, Constitution Daily.

“Elections, it must be emphasized, do not end on the last day that ballots are cast and the polls close,” Foley said. “They are officially over when the counting of all the ballots has been finally certified.”

more EL@M in the news...

Info & Analysis

Federal Judge Finds Florida Absentee Voting Law Unconstitutional

Over the weekend, U.S. District Judge Mark Walker issued an order finding part of Florida\'s absentee voting law unconstitutional. In granting the plaintiffs\' motion for a preliminary injunction, Judge Walker determined that Florida\'s statutory scheme requiring automatic rejection of absentee ballots with signatures not matching those on file unlawfully disenfranchised voters. The case is Florida Democratic Party v. Detzner.

This case follows another Florida case in which Judge Walker ordered the state to extend the voter registration deadline by a week in the aftermath of Hurricane Matthew. That case is Florida Democratic Party v. Scott.

more info & analysis...