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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Two lawsuits challenging Ohio voting machines

Two lawsuits challenging Ohio voting machines were filed today. Fitrakis v. Husted et al. was filed in the United States District Court for the Southern District of Ohio in Columbus. The lawsuit alleges that the software and hardware on Ohio voting machine equipment provided by Election Systems & Software, Inc. could allow vote manipulation by non-election board officials. Among other things, the lawsuit seeks a temporary restraining order prohibiting the use of hardware or software provided by Election Systems & Software, Inc. on Election Day. Judge Gregory Frost will conduct an oral hearing on the motion for a temporary restraining order at 9:00 am on Tuesday, November 6, 2012.

In addition, Fitrakis v. Husted et al. was filed in the Franklin County Court of Common Pleas in Columbus, Ohio. The Franklin County lawsuit alleges the same claims as the federal lawsuit and seeks identical relief.


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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