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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Wisconsin Appeals Court Reverses Lower Court in Voter ID Case

In an opinion released today in League of Women Voters of Wisconsin v. Walker, a three-judge panel of Wisconsin's 4th District Court of Appeals reversed the decision of the lower court, which issued a permanent injunction last year blocking the state's voter ID law from taking effect. Contrary to the lower court's decision, the court of appeals determined that the plaintiffs had not met their burden of proving that the voter ID law violated their rights under the Wisconsin Constitution. Wisconsin's 2nd District Court of Appeals has yet to rule on the same issue in Milwaukee Branch of the NAACP v. Walker. Two cases involving federal constitutional issues are also pending in U.S. District Courts: Frank v. Walker and Jones v. Deininger.

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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