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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]


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.

more EL@M in the news...

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.

more info & analysis...