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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Oral argument in Ohio provisional ballot case

The Sixth Circuit has posted the audio of the argument in this case.  Early in the argument, the court asked where in the Ohio S.Ct.'s opinion was it said that the 27 ballots cast at the Board's headquarters should not have been counted.  Counsel did not have the exact passage at their fingertips and asserted that it was an inference from the opinion's more general language.  But there is also this specific language at the top of page 22 of the Painter slip opinion: "the board ... conclud[ed] incorrectly under Ohio law ... that 27 provisional ballots cast in the wrong precinct at the board of elections during the early-voting period should be counted even though they were cast in the wrong precinct due to poll-worker error." 


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

Daniel P. Tokaji

Tokaji Testimony for Senate DISCLOSE Hearing

Professor Tokaji has submitted the following writing testimony for today's hearing before the U.S. Senate Rules and Administration Committee on the proposed DISCLOSE Act.


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