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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Reports of Broward County, FL Precincts Running Out of Ballots--Might Have Deterred Some Voters

 Local media in Florida have been reporting on scattered problems in South Florida, with voters waiting up to seven hours to vote amid precincts running out of paper ballots. There were “quite a few” precincts that ran out of ballots in Broward County. The reports suggest that some voters may have left the lines as opposed to waiting for election officials to replenish those precincts. If Florida is close (and CNN just said that Romney has a 636-vote lead!), this could be one basis of a challenge: that voters were effectively denied the right to vote because of these problems. The equal protection hook would be that voters in other areas of the state did not endure these long lines and a corresponding “disenfranchisement.”

It is difficult to fathom an appropriate remedy for this kind of problem – a Judge is unlikely to order
additional voting days. The similar remedy in New Jersey because of Hurricane Sandy – allowing voters to cast email absentee ballots through Friday – is unprecedented. Moreover, voters in Florida were not actually disenfranchised: they could have stayed in line as long as they needed to vote. Indeed, news reports suggest that there were still lines an hour and a half after the polls closed. But this issue is still one to watch if Florida is close and would determine the outcome of the presidential election. We will continue to monitor this story.



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

Daniel P. Tokaji

Tokaji Testimony for Senate DISCLOSE Hearing

Professor Tokaji has submitted the following writing testimony for today's hearing before the U.S. Senate Rules and Administration Committee on the proposed DISCLOSE Act.


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