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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Federal judge keeps Ohio provisional ballot case

Federal judge Algenon Marbley decided today to keep State of Ohio ex rel. Skaggs v. Brunner in federal court, apparently agreeing with Secretary Brunner that the issues presented in the case are intertwined with the issues ruled on by the court just before the election in NEOCH v. Blackwell.  In NEOCH, the court adopted Secretary Brunner's directive 2008-101 on the processing of provisional ballots as an order of the court.  A subsequent directive issued Oct. 28, 2008-103, reiterated the court's order that poll worker error may not invalidate a provisional ballot.  Specifically the court said that poll worker error including "failure of a poll worker to sign a provisional ballot" and "failure to comply with duties mandated by R.C. 3505.181, which governs the procedure for casting a provisional ballot" should not cause an eligible elector's ballot to be rejected.  At issue in Skaggs is whether the lack of a voter's name and signature on the ballot envelope should be cause for rejecting a provisional ballot.  The ballots under consideration could determine the outcome of the OH-15 House race.  Judge Marbley is holding a hearing today on whether to issue a temporary order delaying the counting of provisional ballots in Franklin County.


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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