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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Ohio Supreme Court Allows Referendum to Proceed in Redistricting Case

In an opinion released October 14, the Ohio Supreme Court granted the writ of mandamus requested by Ohioans for Fair Districts and Democratic legislators. The court's ruling compels the Ohio Secretary of State to treat recently passed redistricting legislation by the Republican-controlled General Assembly as subject to referendum. Citing its own precedent and the text of the Ohio Constitutional provisions on referendum, the court determined that the inclusion of appropriations for current state expenses, in addition to the challenged redistricting sections, did not exempt the Act from the possibility of referendum. Under Article II, section 1c of the Ohio Constitution, challengers of the Act now have 90 days from the Act's passage to gather sufficient signatures for a referendum on the November 2012 ballot. WIth a March primary and a December 7 filing deadline for candidates, there remains much uncertainty about the future boundaries of Ohio's Congressional districts.

Commentary

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.

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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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