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Election Law @ Moritz

Election Law @ Moritz

Latest Information & Analysis   

U.S. Supreme Court strikes down aggregate campaign contribution cap

Apr. 2 (11:48 AM) - The U.S. Supreme Court issued its opinion today in McCutcheon v. FEC, striking down aggregate limits on political campaign contributions but leaving in place limits on contributions to individual candidates.

11th Circuit: Florida's voter purge violated NVRA

Apr. 1 (1:00 PM) - The 11th Circuit Court of Appeals has ruled that Florida's 2012 attempt to remove non-citizens from the voter rolls violated the National Voter Registration Act. The case is Arcia v. Detzner.

Ohio Federal Judge Rules against Libertarian Gubernatorial Candidate

Mar. 20 (11:37 AM) - Federal District Judge Michael H. Watson denied a motion for a preliminary injunction aimed to ensure that Libertarian gubernatorial candidate Charlie Earl's name is on the May primary ballot in Ohio. The case is Libertarian Party of Ohio v. Husted.

UPDATE: The Libertarian Party has filed a motion in the Sixth Circuit Court of Appeals for an emergency injunction and expedited appeal.

Federal Judge Rules in Favor of Kansas and Arizona in Suit Against EAC

Mar. 19 (6:42 PM) - U.S. District Judge Eric F. Melgren ruled in favor of Kansas and Arizona in a dispute over the modification of state-specific instructions on national voter registration forms. See the decision and related New York Times article. The case is Kobach v. EAC.

Judge Grants Permanent Injunction in Pennsylvania Voter ID Case

Jan. 17 (2:26 PM) - Commonwealth Court of Pennsylvania Judge Bernard McGinley issued an opinion and order permanently enjoining Pennsylvania's voter ID law from taking effect. Judge McGinley ruled that the law violates the right to vote established by the Pennsylvania Constitution. The case is Applewhite v. Pennsylvania.

Ohio Voter Rolls Case Settles

Jan. 14 (1:00 PM) - A lawsuit filed by Judicial Watch, Inc. and True the Vote against Ohio Secretary of State Jon Husted has settled. The suit alleged non-compliance by Ohio with voter list maintenance obligations under the National Voter Registration Act. Judicial Watch has posted a copy of the settlement agreement. The parties filed a joint stipulation of dismissal on Monday in the case, Judicial Watch, Inc. v. Husted.

Federal Judge Blocks Ohio Bill Affecting Minor Political Parties

Jan. 8 (9:40 AM) - U.S. District Judge Michael Watson granted a motion for a preliminary injunction filed by the Libertarian Party of Ohio in a ballot access case. Judge Watson blocked the enforcement of the recently-passed Senate Bill 193 for the 2014 primary and general elections. According to the court's ruling, Ohio Secretary of State Jon Husted must provide ballot access consistent with his previous directive 2013-02 rather than the new law. The case is Libertarian Party of Ohio v. Husted.

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Recount Resources

Election Law @ Moritz has assembled a set of resources concerning the topic of elections going into overtime.

Swing State Focus

Media Hotline: (614) 292-0283


Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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EL@M in the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Current Litigation

Texas v. Holder

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

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