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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

December, 2007

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

Wisconsin Ends Voter Database Contract

Dec. 27 - Wisconsin election authorities have terminated a contract with Accenture under which the company was supposed to build the state's voter registration database. The move comes after a legislative audit found that database still fails to comply with federal law. The state intends to complete the undone work itself.

Ohio SoS Forces Paper Ballots

Dec. 22 - Ohio Secretary of State yesterday broke a tie vote of the Cuyahoga County election authority to force the county to scrap its DRE machines adopt optical scanners. The new system is scheduled to be in place for Ohio's March Presidential primary.

More Planning Needed to Prepare for '08 Election

Dec. 20 -

Professors Steven F. Huefner, Daniel P. Tokaji, and Edward B. Foley published an Opinion Editorial in Roll Call regarding vulnerabilities in the election systems of five Midwestern states. The three professors recently published a report, From Registration to Recounts: The Election Ecosystems of Five Midwestern States. “If our political representatives are to serve with their electorate’s full confidence, the processes used to select those representatives must be sound. As a nation, we must continue improving our election systems to promote greater access, integrity and finality. Our democracy depends on it,” the editorial says.

Cuyahoga Splits Vote on DREs

Dec. 20 - AP reports that Ohio's most populous county tonight split 2-2 on a vote to scrap its DRE system in favor of an OS system. Ohio Secretary of State Jennifer Brunner has the power to cast the tie-breaking vote.

Colorado SoS Decertifies Voting Machines

Dec. 18 - AP reports that Colorado Secretary of State Mike Coffman has decertified three out of the four brands of voting machine currently used in the state. The machines were decertified due to concerns about security and accuracy.

Florida Voter Registration Law Blocked

Dec. 18 - A federal judge today blocked a Florida law that requires voter registration applications be verified against information contained in SSA and other databases. The opinion states that all parties agree that the matching protocol in use has already prevented 14,000 individuals from being registered to vote.

Ohio SoS Releases Voting System Report

Dec. 14 - Ohio Secretary of State Jennifer Brunner today released her long-awaited report on the security and reliability of the state's voting system. Brunner recommends scrapping the state's DRE machines and moving to a 100% central-count optical scan system. She also recommends eliminating individual precincts in favor of vote centers, and the adoption of early voting.


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...