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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Provisionals in OH-15 race will not be counted until Friday

Judge Marbley has requested both parties' briefs by Tuesday so he can rule Thursday afternoon on the processing of Franklin County's provisional ballots.  Judge Marbley kept the case in federal court this morning because it involves the interpretation of a pre-election order from the court on provisional ballots and because of equal protection concerns.  Franklin County uses a  different provisional ballot envelope than Madison and Union counties which may place the burden of properly completing the form on the voter rather than the poll worker.  Supporters of candidate Steve Stivers are suing to stop the counting of about 1000 provisional ballots because they lack either a printed name or signature or voter ID information on the provisional ballot envelope.  Plaintiffs allege that these data are required by Ohio law for a provisional ballot to be counted.  Secretary Brunner's position is that the onus was on the county's poll workers to make sure the ballot envelopes were completed correctly and that poll worker error must not work to invalidate an otherwise eligible voter's ballot.


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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