OSU Navigation Bar

Election Law @ Moritz Home Page

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.


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.

more commentary...

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.

more EL@M in the news...

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.

more info & analysis...