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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

OH-15 congressional race too close to call; may be related to Franklin County poll book mistake

Steve Stivers is currently leading Mary Jo Kilroy by 321 votes in the OH-15 congressional race according to data on the Franklin County Board of Elections website. Several radio stations this morning stated that Stivers had won the race 48% to 44%. This was likely based on numbers reported earlier today on the Secretary of State’s website which have since been updated with the correct Franklin County numbers. Several types of ballots remain uncounted that may affect this race: 1) mail-in absentee ballots that are still being received (these had to be post-marked by Monday), 2) paper ballots cast on election day by voters who chose this option over the touchscreen machines, and 3) provisional ballots which require additional verification before they are counted. Franklin County is much larger than Union and Madison counties and therefore probably has more uncounted ballots. Deputy Director Matt Damschroeder said today that some voters were mistakenly flagged with codes of “3” and “prov” in the poll books. These codes instruct poll workers to have these voters cast provisional ballots because of defects in their registration status. At some point in the day, having realized the mistake, the Board sent an automated call to all poll workers instructing them to allow these “notation 3” voters to cast regular ballots. Damschroeder also said these voters’ provisional ballots will be counted.  Read the most recent update here from The Columbus Dispatch.

 

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 are 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 Secretary of State Releases Report on Voter Fraud

Ohio Secretary of State Jon Husted released a report today on voter fraud in Ohio during the 2012 general election. In a press release, Husted stated that while voter fraud does exist in Ohio, "it is not an epidemic." According to the report, 135 voter fraud cases have been referred to law enforcement for possible prosecution. Twenty of these cases involved voters attempting to vote in Ohio and another state. The report shows that 115 cases were referred to local Ohio county prosecutors. According to Husted as quoted in the Columbus Dispatch, most of these cases involved voters attempting to vote twice within the state, and in a "majority" of instances, only one vote was counted.

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