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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

Daniel P. Tokaji

What's the Matter with Kobach?

Daniel P. Tokaji

By "Kobach," I mean the Kobach v. EAC case in which the Tenth Circuit heard oral argument Monday – rather than its lead plaintiff, Kansas’ controversial Secretary of State Kris Kobach, who argued the position of his state and the State of Arizona. This post discusses what’s at issue in the case, where the district court went wrong, and what the Tenth Circuit should do.

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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

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

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