OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

January, 2007

Below are postings from January, 2007. (See Archives | Recent Headlines)

Convictions in Ohio Ballot Mishandling Case

Jan. 26 - Yesterday, the Washington Post reported that two Cuyahoga County election workers were convicted of mishandling ballots to make the county's voting system appear more accurate. Apparently, the intent was to avoid having to perform an audit of the voting system, not to favor any candidate. Dan Tokaji has this post.

Update: 50 Questions for 5 States

Jan. 22 - The EL@M team has completed the 50 Questions for 5 States project, a digest of state election administration laws in Ohio, Michigan, Minnesota, Illinois and Wisconsin. The latest installment adds material for Minnesota, Illinois and Wisconsin.

ACORN Sues Over Bus Stop Registration

Jan. 19 - ACORN and other voter registration groups have sued the Maryland Transit Authority for preventing them from attempting to register voters waiting at bus and train stops. The complaint and motion for preliminary injunction may be found here.

Criminal Prosecution of Improper Ballot Handling

Jan. 19 - Yesterday trial began on a criminal case prosecuting Cuyahoga County Board of Elections workers for opening ballots and counting them at an unlawful time. By counting the ballots ahead of time, the state claims the defendants gained information that could be used to ensure that any audit of voting machine accuracy would show the machines were accurate. Showing that the machines were accurate would allow the defendants to avoid having to perform a time-consuming hand audit of ballots later on.

Indiana Voter ID Requirement Upheld

Jan. 5 - Yesterday, the 7th Circuit Court of Appeals affirmed the United States District Court’s judgment in the case of Indiana Democratic Party v. Rokita. The judgment issued by the Court of Appeals upholds Indiana’s voter ID law, which requires that any person desiring to vote in person present a government-issued photo ID.

FL-13: Jennings Appeals Order Denying Access to Source Code

Jan. 4 - Yesterday, Democratic candidate Christine Jennings filed an Emergency Petition with the Court of Appeals for the First District of Florida. In the petition, Ms. Jennings asks the Court of Appeals to quash the trial court’s Order denying her access to the source code for the election equipment used in the November, 2006, election.

FL-13: Source Code Kept Secret; Buchanan to Take Seat

Jan. 2 - A Leon County Judge on Friday denied Christine Jennings request to view the source code for the election equipment used in the 2006 November election. Although litigation in this matter is not yet complete, Vern Buchanan is set to take his seat in the House of Representatives later this week.

Commentary

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

more commentary...

In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you are going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

more EL@M in the news...

Info & Analysis

Ohio Secretary of State Releases Report on Voter Fraud

Ohio Secretary of State Jon Husted released a report today on voter fraud in Ohio during the 2012 general election. In a press release, Husted stated that while voter fraud does exist in Ohio, "it is not an epidemic." According to the report, 135 voter fraud cases have been referred to law enforcement for possible prosecution. Twenty of these cases involved voters attempting to vote in Ohio and another state. The report shows that 115 cases were referred to local Ohio county prosecutors. According to Husted as quoted in the Columbus Dispatch, most of these cases involved voters attempting to vote twice within the state, and in a "majority" of instances, only one vote was counted.

more info & analysis...