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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

OH-15: Federal judge expected to rule tomorrow

Judge Marbley is expected to rule tomorrow on the counting of provisional ballots.  Briefs from both sides are not yet available online.  According to a Gongwer Ohio report, Judge Marbley said in his court on Monday "from the court's perspective, the most important thing is enfranchisement."  Attorney for Secretary Brunner, Richard Coglianese acknowledged that the Franklin County provisional envelope instructs the voter to complete parts of the provisional ballot application but said, "What we really have, your honor, is conflicting mandatory duties.  The poll worker has the obligation to make sure the envelope is filled out properly."  Brunner has said the Franklin County provisional ballot envelope is different than the one used in other counties. 


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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