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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.

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

Wisconsin Supreme Court Upholds Voter ID Law

In two opinions issued today, the Wisconsin Supreme Court upheld the state's voter ID law against challenges that the law violated the Wisconsin Constitution. The court issued an opinion in League of Women Voters of Wisconsin v. Walker and also an opinion in Milwaukee Branch of the NAACP v. Walker.

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