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
Monday, May 8
 
Petitions for Rehearing in Ohio Voting Machine Case
On Friday, the defendants in the Ohio punch-card voting case filed petitions asking for en banc rehearing. As discussed here, the Sixth Circuit issued an opinion on April 21, concluding that the state's use of non-notice punch-card and optical-scan voting systems violates the Equal Protection Clause of the U.S. Constitution. This claim arises from the inter-county disparities in the percentage of votes counted, due to the use of these voting systems. The Court also sent plaintiffs' claim of race discrimination under Section 2 of the Voting Rights Act back to the district court for further proceedings. Because I'm one of the attorneys in the case, I'll refrain from commenting on the defendants' petitions for rehearing, but have posted the separate petitions for rehearing from Secretary of State Blackwell, Hamilton, Montgomery and Summit Counties, and Sandusky County.

Update: Rick Hasen noticed that the links to the last two briefs weren't working, and I've now corrected them.

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Moritz College of Law The Ohio State University