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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Ohio Supreme Court Upholds State Apportionment Plan

The Ohio Supreme Court has denied declaratory and injunctive relief in a challenge to the state’s current apportionment plan for the Ohio General Assembly. Establishing that the Apportionment Board has considerable discretion in how to apply constitutional requirements regarding compactness, contiguity, and minimizing splits within county and local governmental units, four members of the court held that “[t]he role of a supreme court in considering constitutional challenges to an apportionment plan is restricted to determining whether relators have met their burden to prove that the plan adopted by the board is unconstitutional beyond a reasonable doubt.” The court found no constitutional mandate of political neutrality, as long as the other constitutional requirements are met. The three dissenters took issue with the majority’s allocation of the burdens of proof and with the majority’s approach to the relationship between the constitutional requirements of compactness and minimal splitting within single governmental units.

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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