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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Emergency Filing in NEOCH Case

On Thursday, the Plaintiffs in NEOCH v. Husted filed an emergency motion seeking to clarify the scope of the 2010 consent decree, following most recent orders in the case. The Plaintiffs ask that provisional ballots with incorrect or incompletely filled out boxes indicating which alternative form of identification the voter provided should be counted. Plaintiffs argue that Ohio statutes place the burden of completing that portion of the provisional ballot affirmation on the poll worker, not the voter, and thus failure to fill out that portion of the form should fall under Section III(5)(b)(vii) of the consent decree’s protection.

Commentary

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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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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Info & Analysis

Wisconsin Supreme Court Upholds Voter ID Law

In two opinions issued today, the Wisconsin Supreme Court upheld the state's voter ID law against challenges that the law violated the Wisconsin Constitution. The court issued an opinion in League of Women Voters of Wisconsin v. Walker and also an opinion in Milwaukee Branch of the NAACP v. Walker.

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