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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

September, 2007

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

Supreme Court Grants Cert. on Indiana Voter ID

Sep. 25 - The U.S. Supreme Court has granted certiorari in the Indiana voter ID case (order here). You can find previous and future case documents here.

Ohio Considers Moving Back Presidential Primary

Sep. 10 - Ohio Secretary of State Jennifer Brunner is talking to state legislators and local election administrators about the possibility of moving Ohio's presidential primary to May (story). The discussion comes after Cuyahoga County officials expressed concern that the county's voting machines cannot handle the volume of voting that is expected to take place in the primary. According to those officials, the county currently spends $47.86 per voter for elections, over twice as much as the counties in which Columbus and Cincinnati are located. Aside from moving the primary date, other discussed solutions include switching to optical scan machines from the current DRE system. Right now, the primary is scheduled for March.

Georgia Court Throws Out Voter ID Suit

Sep. 6 - Today, a federal trial court in Georgia dismissed a challenge to that state's voter ID provision (story). The court previously issued a preliminary injunction against enforcing the law before the November, 2006, elections, but now says the requirement can be enforced because, among other reasons, the state has taken appropriate efforts to educate voters about the law, and because voters who do not have ID may vote absentee. Plaintiffs are considering appeal.

Court Orders New Jersey to Fix VVPAT Printers

Sep. 5 - A New Jersey trial court today ordered the state to come up with plans to fix problems with VVPAT printers and present those plans to the court in eight days (story). The order comes after printers from three vendors failed state tests. EL@M is attempting to obtain case documents.


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...