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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.



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

Daniel P. Tokaji

Tokaji Testimony for Senate DISCLOSE Hearing

Professor Tokaji has submitted the following writing testimony for today's hearing before the U.S. Senate Rules and Administration Committee on the proposed DISCLOSE Act.


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