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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

OH Court Resolves Lingering Provisional Issues

The US District Court for the Southern District of Ohio has ordered that Ohio provisional ballots shall not be rejected merely because poll workers failed to execute their part of the accompanying paperwork properly.  However, the order does not detail what to do if voters, due to poor instructions from poll workers or other reasons, themselves fail to execute their part of the paperwork properly.  The order also states that addresses that do not correspond to any building shall be considered acceptable addresses for purposes of voting so long as the voter intends to return to that address.  See Major Pending Cases case page, Lawsuit Tracker page.

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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