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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Assessing Sandy's Impact

[To go immediately to the running colloquy about the impact on the election of Hurricane Sandy, click here.]
 
As Hurricane Sandy was bearing down on the Eastern Seaboard, a number of us at Election Law @ Moritz, and many of our friends and associates in the larger election administration community, began thinking about the hurricane's potential impact on this year's election. After EL@M published an initial post concerning the most relevant background law, EL@M's  Ned Foley and The Bipartisan Policy Center's John Fortier decided to undertake a running electronic colloquy concerning issues that the storm raised. This colloquy, which has now also included Joshua Douglas of the University of Kentucky and EL@M's David Stebenne, can be accessed here.
 
It is also worth noting that the underlying issues concerning the impact of natural disasters and other emergencies are the subject of two previous EL@M efforts, one in 2004, and a second in 2008. Specifically, in 2004, we collected information about the emergency authority over elections of 25 critical states. Then in 2008, we created an interactive map of that year's battleground states, one of the features of which was the emergency authority that those states had over elections. With the critical caveat that the raw data here has not been updated since their postings in 2008 and 2004, these two collections continue to add value to the discussion. Similarly, this 2004 Congressional Research Service report also is an important previous collection of information about state laws concerning emergency election postponement.

 

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.

more EL@M in the news...

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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