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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.

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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