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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 Courtís judgment in the case of Indiana Democratic Party v. Rokita. The judgment issued by the Court of Appeals upholds Indianaís 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 courtís 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.


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.

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...