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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Opinion Issued in SEIU Provisional Ballot Case

U.S. District Court Judge Algenon L. Marbley of the Southern District of Ohio issued an opinion and order today granting the motion for a preliminary injunction filed by various labor organizations in SEIU v. Husted. Judge Marbley ordered defendant Ohio Secretary of State Jon Husted to issue a directive preventing county boards of elections from rejecting provisional ballots cast in the wrong precinct due to poll worker error. The order contains an exception for situations in which the poll worker determines the correct precinct, directs the voter to that precinct, informs the voter that a wrong-precinct ballot will not be counted, and the voter nevertheless casts a wrong-precinct ballot. Further, the county board of elections must verify that the poll worker directed the voter to the correct precinct.


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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