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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

Commentary

Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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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

U.S. Supreme Court strikes down aggregate campaign contribution cap

The U.S. Supreme Court issued its opinion today in McCutcheon v. FEC, striking down aggregate limits on political campaign contributions but leaving in place limits on contributions to individual candidates.

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