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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Ohio Tabulating Software Lawsuit

Judge Gregory L. Frost heard the plaintiff’s motion for a temporary restraining order in Fitrakis v. Husted this morning. Mr. Fitrakis’s attorney called an expert witness via telephonic testimony to testify to potential problems that could arise from the use of a software patch provided by Election Systems & Software, Inc. (ES&S) for use in today’s election. The expert also offered a remedy of a five percent hand count of ballots to confirm that the machine count and the hand count match and that votes and the tabulation were not tampered with. The Secretary of State’s office and ES&S attacked the expert’s actual knowledge of any issues with the software package and offered a letter from the Election Assistance Commission that the software patch does not need to be tested before use. Judge Frost said that he would rule forthwith, hopefully before noon today. Notes taken at the hearing by researcher Jennifer Hart are available here.


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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