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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

OH-15 depends on provisional & other uncounted ballots

According to this Dispatch report, the Republican candidate's lead in ballots counted so far has narrowed to 146.  In addition to an unknown number of provisional and absentee ballots that remain to be counted, there are also an estimated 5000 absentee ballots with problems that voters are entitled to fix by Nov. 14.  Meanwhile, a separate Dispatch article discusses the possibility that as many as 35,000 Franklin County voters may have been erroneously required to cast provisional rather than regular ballots.  A large part of Franklin County lies within the 15th congressional district, so that these ballots potentially could affect its outcome.  Also, a legal dispute over the procedures for counting provisional and other questionable ballots is pending in federal district court, as a result of a consolidation Tuesday of two separate lawsuits:  NEOCH v. Blackwell and ORP v. Brunner.  It took weeks to resolve the 2006 election over this congressional district, and the fight this year may be similarly protracted--although the initial margin of victory is ten times smaller this year than last time.


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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