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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

S.Ct. response filed in Ohio provisional ballot case

This response to the pending stay application is now before Justice Kagan.  She can rule on it herself or refer it to the full Supreme Court.  The response observes that there are factual uncertainties concerning the specific provisional ballots that are subject of the Equal Protection dispute in this case, arguing that these uncertainties should be clarified in the district court (where the case has been remanded to by the Sixth Circuit) before the U.S. Supreme Court decides whether or not to get involved.  Interestingly, the response cites a letter filed just yesterday by the petitioners disclosing that some of the disputed ballots, which were thought to have been cast as part of "early voting" before Election Day were in fact cast on Election Day (although at the county board of election headquarters, rather than at neighborhood polling locations).  The response claims that this factual distinction potentially makes a difference to analyzing the merits of the Equal Protection issue. 


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

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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