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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

OH Provisional Ballot Case Developments

Yesterday brought two developments in Ohio regarding provisional ballot counting. First, Ohio Senate President Niehaus and Ohio House Speaker Pro Tempore Blessing filed a mandamus action in the Ohio Supreme Court to require the Secretary of State to rescind directives issued pursuant to a consent decree resulting from the federal NEOCH v. Brunner case. The directives permit provisional ballots to be counted even if cast in the wrong precinct or if some signature requirements are not fully complied with for reasons attributable to poll-worker error. The complaint claims that constitutional separation of powers do not permit the Secretary of State to amend or modify laws passed by the General Assembly without authorization from the General Assembly.

In another provisional ballot case, the 6th Circuit Court of Appeals denied the Hamilton County Board of Elections request for a stay of the District Court’s decision that provisional ballots cast in the wrong precinct, again due to poll-worker error, should be counted. This case relies on a federal equal protection claim, as some wrong-precinct ballots, cast wrongly due to poll-worker error, were counted.

Commentary

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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