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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

MD District Court issues preliminary injunction in UOCAVA absentee voting case

On Oct. 29, a District Court in Maryland granted relief on a constitutional claim by a member of the Maryland National Guard and the Military Voter Protection Project. The complaint alleged that the state of Maryland violated the U.S. Constitution, as well as the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), because it failed to provide enough time for absentee voting by military and overseas voters. The court granted a preliminary injunction on the constitutional claim, explaining that "where a state has authorized the use of absentee ballots, any restriction it imposes on the use of those absentee ballots which has the effect of severely burdening a group of voters must be narrowly tailored to further a compelling state interest." The court went on to find that the interest of having the ballots of absentee voters counted outweighed the state's interest in enforcing the Nov. 12 deadline. The opinion may be found here. Professor Spencer Overton offers these thoughts on its significance.

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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