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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Ohio case now ready for SCOTUS ruling

Scotusblog has a link and analysis of the reply brief in support of the stay application in the Ohio provisional ballot case that raises an Equal Protection issue concerning the applicability of Bush v. Gore.  As the scotusblog analysis indicates, the new reply brief emphasizes the apparent tension between that famous 2000 case and an much earlier and less well-known precedent, Snowden v. Hughes.  The need for the Court to clarify the relationship between these two Equal Protection holdings is the reason why, according to the petitioners, this case is "certworthy" (i.e., worth of U.S. Supreme Court consideration).  An analysis of these two cases and how the Court might choose to reconcile them is also the subject of this recent student paper.


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.

more EL@M in the news...

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.

more info & analysis...