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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.


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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