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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.


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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