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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Two Ohio Supreme Court justices recuse themselves and other developments in the Myhal/Mahal case

Justices Stratton and O'Connor recused themselves from the case of State ex rel. Mahal v. Brunner.  The justices also recused themselves when the court heard State ex rel Colvin v. Brunner last month in which the court allowed same-day registration and voting to go forward during the 5-day overlap window. Judge William H. Wolff Jr., of the Second Appellate District, sat for Justice Lundberg Stratton and Justice Lynn C. Slaby, of the Ninth Appellate District, sat for Justice O’Connor.  Jugde Wolff was the only Democrat on the court for that decision (see news story on the case) and he was one of the 4 judges who sided with Brunner in the 4-3 decision. 

Secretary of State Jennifer Brunner has removed the case to U.S. District Court in Columbus, on the grounds that the complaint against Brunner arises under federal law, namely the Help American Vote Act.  Additionally, the Ohio Supreme Court shortened the timeframe for the case, saying it wants Brunner's response to the case today and all briefs and evidence from both parties by 10 a.m. Wednesday, rather than Friday.

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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