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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Sixth Circuit Issues Stay in Ohio Provisional Ballot Case

The Sixth Circuit today (1/18) issued an order granting a stay in the Hamilton County Juvenile Court provisional ballots case.  This follows a flurry of motions over the last few days, including an amicus brief from the Ohio Secretary of State.  Oral arguments are set for Thursday, January 20.  For a complete listing of the documents filed in this case, see our Major Pending Cases page for the case.


The Sixth Circuit's stay essentially freezes the status quo until the appeals court has a chance to review the merits.  Characterizing the case as "difficult," with "complex" and "contested" facts, and presenting "serious questions on their merits," the stay order was careful not to tip its hand which way it might ultimately rule. The 3-judge panel (Moore, Cole, Rogers) essentially explained the need for the stay as to avoid the "difficult position in which the [Hamilty County] Board [of Elections] finds itself": subject to two "conflicting orders" from the federal district court and the Ohio Supreme Court while the potential of "its members fac[ing] contempt proceedings if they do not carry out the district court's order."  Merits briefs from all parties are due 3 p.m. Wednesday, in advance of Thursday oral argument at 5 p.m.


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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