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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.

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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