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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Developments in Alaska and a new judicial election case in Ohio

In Alaska, Joe Miller has filed a complaint in state court claiming violations of Alaska law and the US Constitution in conjunction with the counting of write in votes for Murkowski. This follows the recent certification decision of the federal district court putting certification of the US Senate election on hold.


As for Ohio, a local judicial election was decided by 23 votes and there are questions about provisional ballots due to voters casting their votes in the wrong precinct possibly due to poll worker error. The Southern District of Ohio has partially granted a preliminary injunction, and a notice of appeal has been filed with the Sixth Circuit. For more information on these cases, see Miller v. Secretary of State Craig Campbell and Hunter v. Hamilton County Board of Elections on our Major Pending Cases page.


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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