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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

October, 2006

Below are postings from October, 2006. (See Archives | Recent Headlines)

The South Dakota Referendum on Abortion: An Alternative to Court Review?

Oct. 31 - Earlier this year the South Dakota legislature passed and the governor signed a stiff anti-abortion bill, HB 1215, entitled the "Women's Health and Human Life Protection Act. The bill had strong bi-partisan support, collecting over two-thirds of the vote in both chambers. The act is now "Referred Law 6" on the state's November ballot; South Dakota citizens have the chance to throw the act out or affirm it. The popular vote on the anti-abortion act is unique and attracting national attention. How the act came to be included on the state ballot merits investigation and offers valuable lessons for other states.


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.

more commentary...

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.

more info & analysis...