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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Injunction Issues in Georgia Matching Case

A federal court in Georgia on the grounds of failure to obtain VRA preclearance has issued a preliminary injunction against a state database matching program that has flagged some registrants as ineligible to vote due to lack of citizenship.  The injunction requires officials to permit these voters to cast a challenged ballot, and requires officials to notify them of what they must do to ensure the ballot counts (e.g., bring proof of citizenship to the county registration office).  The injunction states that it goes into effect immediately and will remain in effect unless or until preclearance is obtained. 

Georgia Secretary of State Karen Handel has filed for pre-clearance and is awaiting response from the Department of Justice.  In the meantime, flagged voters will be allowed to vote a challenged ballot.  Challenged ballots are similar to provisional ballots but voters are given a hearing if the challenge to their ballot is initially successful.  The challenged ballots will be set aside and counted in accordance with existing law.  The Secretary is required to notify all counties of the existing procedure for counting challenged ballots in an attempt to ensure uniformity.

A related news story can be found here.  The case page can be found here.

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

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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