Dan Tokaji's Blog
Professor Dan Tokaji
Election reform, the Voting Rights Act, the Help America Vote Act, and related topics -- with special attention to the voting rights of people of color, non-English proficient citizens, and people with disabilities

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Equal Vote
Wednesday, March 16
 
N.C. Provisional Ballot Fight in Federal Court
The fight over the counting of provisional ballots in the North Carolina Superintendent's race has now moved to federal court. The A.P. has this report. Democratic candidate June Atkinson leads Republican candidate Bill Fletcher by 8,535 votes, but the election is still in dispute due to the outstanding provisional ballots. The Republican-majority state supreme court ruled that provisional ballots cast in the wrong precinct shouldn't be counted, but the Democratic legislature thereafter passed legislation requiring those ballots to be counted.

Now, Republicans have sued in federal court, alleging that the laws can't constitutionally be applied retroactively without violating the equal protection and due process clauses. A temporary restraining order is being sought.

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Moritz College of Law The Ohio State University