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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Recent Felon Disenfranchisement Decisions

Two separate courts have ruled on cases dealing with felon disenfranchisement in recent days. In Farrakhan v. Gregoire, the United States Court of Appeals for the Ninth District held that the plaintiffs had “demonstrated that the discriminatory impact of Washington’s felon disenfranchisement is attributable to racial discrimination in Washington’s criminal justice system” and thus the felon disenfranchisement law violates § 2 of the Voting Rights Act of 1965. The court granted summary judgment for the plaintiffs.

In Janis v. Nelson, the focus was on felons who were removed from voter registration lists after being sentenced to probation, rather than incarceration. The United States District Court for the District of South Dakota denied most of the state defendants’ motions for judgment on the pleadings, keeping alive claims based on federal and state constitutional and statutory grounds. One of the more interesting claims that survived is based on the Help America Vote Act’s state voter registration list maintenance requirements.

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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