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Election Law @ Moritz


Information & Analysis

NJ petition seeks extended ballot access

According to reports  (here, here, and here), the ACLU of New Jersey earlier today filed an emergency petition with that state’s Superior Court on behalf of voters who applied to election officials by e-mail or fax machine for access to a ballot and had not received a response today. The ACLU sought a court order allowing people to vote through the Federal Voting Assistance Program, which provides absentee ballots to residents living overseas or members of the armed services. The ACLU argues the new directive issued today fails sufficiently to protect the right to vote of those seeking greater access in the wake of Hurricane Sandy.

The emergency petition was filed in Superior Court in Essex County, New Jersey, but the ACLU indicated it would pursue a statewide remedy. Earlier indicated that numerous New Jersey voters who tried to email or fax to request a ballot received no reply today or were told they couldn't be processed. This is a rapidly developing story that Election Law @ Moritz will continue to follow closely.

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.

more EL@M in the news...

Info & Analysis

U.S. Supreme Court strikes down aggregate campaign contribution cap

The U.S. Supreme Court issued its opinion today in McCutcheon v. FEC, striking down aggregate limits on political campaign contributions but leaving in place limits on contributions to individual candidates.

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