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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

July, 2007

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

Michigan Supreme Court OK's Voter ID Law

July 19 - Yesterday, the Michigan Supreme Court issued an advisory opinion supporting the constitutionality of MCL 168.523, which requires in-person voters to either present identification or to sign an affidavit stating that they have none. The law has been on the books in some form since 1997, but the Secretary of State never enforced it due to an opinion issued by the state Attorney General, who claimed the law was unconstitutional. It is unclear whether officials will now begin enforcing the law, although this story makes it sound more likely than not.

Cert Petition Filed in Indiana Voter ID Case

July 3 - The petition is 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.

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...