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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Update: New Jersey emergency ballot access petition

EL@M continues to follow the developing New Jersey ballot-access litigation. The ACLU of New Jersey this morning filed an oral emergency petition seeking extended ballot access and appeared before an Essex County Superior Court judge at 11:45 a.m.  The hearing was put on hold when the ACLU got word the state would issue a new directive concerning ballot access.  The ACLU argues the directive issued today fails sufficiently to protect the right to vote of those displaced by Hurricane Sandy.  Another hearing before the judge was set to take place at 4:20 pm. According to reports from the ACLU of New Jersey, attorneys are still before the Essex County Superior Court at the time of this post.      

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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