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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

November, 2007

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

Jennings Drops Florida Lawsuit

Nov. 30 - It has been reported that Florida Democratic congressional candidate Christine Jennings filed a notice of voluntary dismissal on Wednesday (11/28), asking the Leon County Circuit Court to dismiss her lawsuit contesting the disputed 2006 election. The lawsuit alleged that a glitch in electronic voting machines prevented about 18,000 voters from casting ballots in the U.S. House District 13 race. "We achieved the goal of having Sarasota County's voting machines independently tested," Jennings said in a statement Wednesday.

20% of VVPATs Unrecountable in Cuyahoga

Nov. 28 - The Cleveland Plain Dealer reports that a recount conducted yesterday for a local race showed that 20% of VVPATs produced by the county's DRE machines were damaged and unreadable.

Michigan Supreme Court Approves Primary

Nov. 26 - The Michigan Supreme Court on November 21 decided that the state's early primary may go forward (see here). The primary was disputed because opponents claimed it unconstitutionally prohibited ordinary citizens access to information regarding voters' choice of primary ballots, while permitting political parties access to this information.

Appellate Court Rejects Michigan Primary

Nov. 19 - The Washington Post reports that a state appellate court upheld a trial court's earlier conclusion that the law creating Michigan's early Presidential primary violates the state constitution (see here). Officials still have an opportunity to revise the law to allow the primary to go forward.

State Court Judge Blocks Michigan Primary

Nov. 7 - The Detroit News reports that a state court judge has blocked Michigan's January 15 primary because the law behind it unconstitutionally prohibits officials from sharing lists of primary voters with anyone except the Democratic and Republican parties. An appeal is being discussed, as is changing the law to remove the problematic language while preserving the early date.


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...