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Election Law @ Moritz Home Page

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.



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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