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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Florida election supervisors considering lawsuit over governor's order to extend early voting hours

Elections supervisors are considering filing for an injunction over the governor's order to extend early voting hours citing overworked employees as one reason they will have trouble complying.  See the Orlando Sentinel's coverage here.  Florida is one of the states that has an election-specific emergency provision granting the governor certain powers in election emergencies.  FSA 101.733.  While the governor did speak in terms of emergency in his order, the statute appears at first glance to apply to emergency conditions such as hurricanes and natural disasters.  However, the language may be interpreted to cover an "accidental" situation caused by "human beings".  It is unclear from news accounts under what authority the governor was acting and whether this statute is relevant to the analysis.  Election Law @ Moritz covered this and many other election law questions for 17 states in its Key Questions for Key States (KQKS) research project.  See the Florida analysis here.  Click here for the KQKS home page.

Commentary

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

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In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

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Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

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