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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

S.Ct. denies stay in Ohio ballot case

The U.S. Supreme Court, without dissent, denied the application to stay the Sixth Circuit's Equal Protecting ruling that relied on Bush v. Gore.  Scotusblog has a report.  The consequence is that the case will now go back to the federal trial court for further proceedings, including fact-finding concerning the extent to which poll worker error may have affected some of the disputed ballots.  Meanwhile, the Sixth Circuit's opinion stands as an important precedent on the meaning of Equal Protection in light of Bush v. Gore.

The Supreme Court gave no explanation for its denial of the stay.  One reason might have been simply that there were further proceedings in the district court.  Therefore, it is at least theoretically possible that the case could go back to the Supreme Court, in a petition for a writ of certiorari, after those lower-court proceedings are complete.  Insofar as the stay application argued that there is a conflict between the Sixth Circuit and other jurisdictions on the proper understanding of Bush v. Gore and Equal Protection, a future cert petition even in this same case could continue to press the existence of that conflict at a later date. 


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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