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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Ohio SoS asks U.S. Supreme Court to void TRO

In Ohio Republican Party v. Brunner, the Secretary of State asks the U.S. Supreme Court to overturn the en banc appeals court decision, which reinstated the district court’s order requiring her to supply county election boards with lists of “mismatches” from database-checking of voter registrations. The Secretary’s arguments are: (1) the Help America Vote Act’s database-checking rules create no “private right of action,” meaning that only the U.S. Department of Justice, and not individual citizens, may go to court to claim a violation of them; (2) the Republicans’ challenge to the Secretary’s procedures was raised for the first time too close to Election Day; and (3) efforts to comply with the district court’s order threaten “monumentual” disruption of the electoral process, with a deterrent effect on “legitimate” voters.  DISCLOSURE


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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