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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.


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

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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