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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Plaintiff in Skaggs also has confusing absentee ballot status

EL@M posted an item before the election about problems with absentee ballots such as voters making technical mistakes that may have caused their ballots to be rejected.  Constitutional law professor and EL@M fellow, Ruth Colker, wrote here about her experience with absentee voting and a technical mistake that almost caused her ballot to be rejected.  When she noticed the status of her absentee ballot was "mailed", not "received", she spent hours trying to find out what the problem was and eventually was assured her ballot would count.  Interestingly, plaintiff Kyle Fannin in State of Ohio ex rel. Skaggs v. Brunner, a lawsuit seeking to exclude provisional ballots if their envelopes are not filled out in a certain way, also has an absentee ballot status of "mailed" instead of "received".  It is possible the website is not up to date and it is not clear if all absentee ballots with such a status have or had a deficiency, but in Professor Colker's case, the ballot envelope was deemed deficient.  Voters had until Nov. 14 to clear up any problems with their absentee ballots according to Directive 2008-109.

Commentary

Dale A. Oesterle

Silence of the Lambs

Dale A. Oesterle

With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.

The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.

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In the News

Daniel P. Tokaji

EXCLUSIVE: Voter fraud, or just errors?

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”

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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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