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Election Law @ Moritz Home Page

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.

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

U.S. Supreme Court strikes down aggregate campaign contribution cap

The U.S. Supreme Court issued its opinion today in McCutcheon v. FEC, striking down aggregate limits on political campaign contributions but leaving in place limits on contributions to individual candidates.

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