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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Ohio Cases on Counting Provisional Ballots Cast in Wrong Precincts

ElectionLaw@Moritz is following two Ohio cases that raise questions regarding whether to count provisional ballots cast in incorrect precincts due to poll worker error. Hunter v. Hamilton County Board of Elections challenges whether poll worker error may be considered when deciding whether to count provisional ballots, and the process for determining whether such error occurred. The case originated in federal court, and the federal District Court required the Board of Elections to investigate whether some provisional ballots were wrongly cast due to poll worker error. The case focuses on the correct application of state election law. Sarantou v. Lucas County Board of Elections also examines whether to count provisional ballots cast in incorrect precincts because of incorrect instructions from poll workers. Plaintiffs argue that state law, using a combination of statutes and directives from the Secretary of State, provides only very limited circumstances under which provisional ballots cast in incorrect precincts may be counted, and requires clear and convincing evidence of poll worker error.


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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