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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Indiana early voting proceeds at satellite sites while Lake County Republicans sue to close the sites

An Indiana court will hear the case brought by Lake County Republicans against the Lake County elections board seeking to close satellite early voting sites that the board opened without unanimous approval from all of its members.  Indiana code does require unanimous approval to open satellite sites but the board moved forward with the opening of extra sites anyway.  Republican members of the board cited an increased potential for fraud as their reason for voting against the extra sites.  A circuit judge has been selected by the Indiana Supreme Court to hear the case (See Order).  Early voting has already taken place at the satellite sites in Gary, Hammond and East Chicago.  If the judge finds that the satellite sites were illegally opened, it is unclear what will happen to these ballots cast by voters who are innocent in this dispute.  (See the EL@M case page for more information and select case documents).

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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