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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Federal Judge Announces Provisional Ballot Ruling

Judge Marbley, federal district judge in Ohio, announced from the bench a two-part ruling: (1) based on the federal Constitution, he is extending his "right location, wrong precinct" injunction to cover provisional ballots cast in the wrong polling location (as long as they are cast in the same county in Ohio); and (2) for this year's election, he is rescinding the NEOCH consent decree insofar as applied to missing names or signatures (or other "ballot affirmation errors") on provisional ballot envelopes.  He indicated that a written opinion will follow in the next day or two.

Analysis will follow once the opinion is available.  It appears, however, that the implication of the second part of the order is that provisional voters will be responsible for filling out their provisional ballot envelopes correctly and will not be able to claim poll worker error with respect to mistakes of that kind.


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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