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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

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

U.S. Supreme Court strikes down aggregate campaign contribution cap

The U.S. Supreme Court issued its opinion today in McCutcheon v. FEC, striking down aggregate limits on political campaign contributions but leaving in place limits on contributions to individual candidates.

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