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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

OH-15 race resolved, Kilroy wins and no recount triggered

Ohio's 15th district congressional race has finally been decided.  Mary Jo Kilroy defeated Steve Stivers by 2,311 votes.  An automatic recount would have been triggered had the margin been around 1,600 votes.  Resolution of this race was help up by a challenge by Stivers supporters to about 1,000 provisional ballots.  The Ohio Supreme Court decided Friday that these votes were invalid.  Ohio law requires that a determination be made as to the validity of all of the provisional ballots before any are counted.  That is why the 26,000 other provisional ballots could not be counted until the suit was resolved.  Kilroy faced an even longer delay two years ago in her race against incumbent Deborah Pryce who will retire at the end of her term.  See the Dispatch coverage here.

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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