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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Sixth Circuit Panel, 2-1, Vacates Order

In Ohio Republican Party v. Brunner, the majority ruled that the district court's order, coming so close to Election Day, was unduly disruptive and thus improper. The Republicans could have challenged the Secretary of State's procedures for verifying new voter registrations much earlier in the electoral process and thus, according to the opinion, should not be permitted such “late-game litigation.” The majority further opined that the Secretary was unlikely in violation of the Help America Vote Act. While “it would be nice if the system printed out a list of individuals . . . that did not match,” the majority concluded that “HAVA does not require that level of user-friendliness.” The dissenting judge accused the panel majority of both (1) an “astounding and deeply disturbing” “lack of concern for the integrity of the electoral process” and (2) a failure to follow the Sixth Circuit’s own internal procedures by releasing its decision before the full appeals court could rule on the matter. It is possible that the full Sixth Circuit will still do so, as a request for that action remains pending.   DISCLOSURE.  See Litigation Tracker page here.


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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