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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

April, 2007

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

Court Holds That Injunctive Relief Properly Denied in AZ Voter ID Case

Apr. 23 - Finding that Appellants had failed to establish a likelihood of success on the merits, and had not proven that there would be undue hardship caused by the voter ID requirement, the 9th Circuit Court of Appeals ruled Friday that the District Court did not err in refusing to enjoin the implementation of Arizona's voter ID regulations. In the Opinion issued Friday, the Court stated that Appellants had not presented sufficient evidence to establish that the ID requirements, requiring Arizona voters to provide proof of citizenship, constituted a poll tax or placed a disproportionate burden on naturalized citizens. For more, read here.

New Report Analyzes Cuyahoga's November Election

Apr. 19 - A committee created by the Cuyahoga County Board of Elections yesterday released a paper evaluating the quality of the November, 2006, election. Among other problems, the paper details problems with printed “Long Reports” that are used to audit voting machines after the election. The paper finds 8-13% of precincts could not be audited because of problems with the reports. The Ohio Secretary of State’s office is reviewing the paper as part of its effort to help improve the county’s troubled election system.

PA Court Issues Ruling in Voting Machine Case

Apr. 13 - In an Opinion issued yesterday by the Commonwealth Court of Pennsylvania, it was held that voters in the state have a right to reliable and secure voting systems. Finding that there was improper examination criteria applied in certifying the voting machines, the Court held that the suit challenging the certification of these electronic voting machines may continue.

Bennett Resigns from Board of Elections

Apr. 12 - Yesterday, Ohio Republican Chairman Bob Bennett and Ohio Secretary of State Jennifer Brunner reached an agreement in which Bennett will resign from the Cuyahoga County Board of Elections and Brunner will dismiss the administrative complaint she had brought against Bennett. According to the Cleveland Plain Dealer, the resignation will take effect May 1, 2007. For more, read here.

Cuyahoga County Removal Hearings to Proceed

Apr. 5 - Yesterday, Judge John A. Connor of the Franklin County Court of Common Pleas denied Robert Bennett's Motion to halt proceedings to remove Bennett from the Cuyahoga County Board of Elections. According to the Columbus Dispatch, Judge Connor did not agree with Bennett that the removal proceedings were beyond the authority of the Secretary of State and unconstitutional. For more, read here.

Bennett Suspended from Cuyahoga County Board of Elections

Apr. 4 - It is being reported that Secretary of State Jennifer Brunner has suspended Bob Bennett from the Cuyahoga County Board of Elections. Other board members had previously resigned due to allegations of improper election administration in the county, leaving Bennett as the only remaining member of the board of elections. For more, read here.


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.

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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...