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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

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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