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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Summary of Ohio provisional ballot case hearing

Judge Algenon Marbley heard the plaintiffs’ motion in SEIU v. Husted for clarification and modification of the consent decree. The NEOCH and SEIU plaintiffs argued that the relief they requested was within the scope of the court’s authority under paragraph III(b)(vii) of the consent decree. Further, the plaintiffs argued for modification of the consent decree because under the Secretary of State’s Directive 2012-54, provisional voters that provide the last four digits of their social security number are treated differently than voters that provide other forms of identification. At Judge Marbley’s request, the state offered its explanation for how the Directive complies with Ohio law, particularly the assignment of responsibility for recording voter identification information. Additionally, Judge Marbley expressed that it seemed clear the Directive violates Ohio law and that the timing of the issuance of the Directive gave him “great pause and great concern.” The plaintiffs' reply memoranda are due to the court tomorrow, November 8, and Judge Marbley expects to issue a ruling by Monday at the latest.


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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