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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Sixth Circuit issues stay in SEIU v. Husted

The U.S. Sixth Circuit Court of Appeals has stayed the district court’s order to count provisional ballots cast in the wrong polling place in Ohio. The Sixth Circuit found that the district court failed to distinguish the burden on voters who arrive at the correct place, but are misdirected by poll workers, from the burden on voters who arrive at a wholly incorrect voting place because the voter who “arrives at the wrong polling location cannot be said to be blameless in the same way as a right-place/wrong-precinct voter.” The court also reiterated that such a significant last-minute change to election law is disfavored, as it “disrupts the electoral process and threatens its fairness.”


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. 

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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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