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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

New Filings in SEIU v. Husted and Obama for America v. Husted

Today saw developments in two Ohio cases that are working their way through the federal courts. In SEIU v. Husted, State Attorney General Mike DeWine filed a motion to intervene on the issue of counting provisional ballots cast in the wrong precinct due to poll worker error. Secretary of State Husted has indicated that he will appeal the other part of the preliminary injunction, which requires that some provisional ballots with errors on the provisional ballot envelope be counted despite those errors. In Obama for America v. Husted, both the Attorney General and the Secretary of State have filed an appeal in the 6th Circuit, objecting to the preliminary injunction that orders the Secretary of State to restore early voting on the Saturday, Sunday, and Monday before Election Day.


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. 

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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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