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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Georgia Challenges Section 5 of the Voting Rights Act

The State of Georgia has filed this complaint against AG Eric Holder. The complaint seeks judicial preclearance of its voter verification process under Section 5 and, in the alternative, asserts that Section 5 is unconstitutional. DOJ had denied preclearance of the verification process last year and declined to withdraw its objection earlier this year. The case is worth watching not only because of the constitutional claim, but also because of the relative dearth of precedent on how Section 5 should be applied to election administration practices like this one. According to this story, Georgia's Attorney General Thurbert Baker refused to file suit, leading Governor Sunny Perdue to appoint a special attorney general to file on the state's behalf. [See EL@M case page for additional information]
 

Commentary

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

Wisconsin Supreme Court Upholds Voter ID Law

In two opinions issued today, the Wisconsin Supreme Court upheld the state's voter ID law against challenges that the law violated the Wisconsin Constitution. The court issued an opinion in League of Women Voters of Wisconsin v. Walker and also an opinion in Milwaukee Branch of the NAACP v. Walker.

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