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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

NEOCH Plaintiffs File Motion to Halt Legislators' Ohio Supreme Court Action

The Plaintiffs in the federal NEOCH v. Brunner case filed a motion today in the district court to enjoin related proceedings in the Ohio Supreme Court instituted by Ohio legislators Thomas Niehaus and Louis Blessing. The NEOCH plaintiffs are asking the district court to enjoin the legislators from further prosecuting the state court proceedings and show cause why they are not in contempt for violating the district court's 2010 consent decree. The legislators' mandamus action in the Ohio Supreme Court seeks an order requiring the Ohio Secretary of State to rescind directives issued pursuant to the consent decree. 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 legislators assert that the Ohio Secretary of State did not have the authority under the Ohio Constitution to issue the directives because the directives effectively amend law created by the legislature.

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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