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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

May, 2008

Below are postings from May, 2008. (See Archives | Recent Headlines)

Case Against Democrats Dismissed in Texas

May 23 - The case brought by the League of United Latin American Citizens of Texas (LULAC) against the Texas Democrats and the State of Texas was dismissed yesterday (5/22) by federal district judge Fred Biery. LULAC, in LULAC of Texas v. State of Texas (See EL@M case page), had argued that the Texas Democratic primary process unfairly diluted the voting power of Latinos. Judge Biery, in his 21 page decision, found that LULAC request for a preliminary injunction was untimely and that the "spirit and intent of the Voting Rights Act have not been violated." It is possible that the plaintiffs will appeal this decision to the U.S. 5th Circuit Court of Appeals.

Case Proceeds in 6th Circuit

May 16 - According to a status report filed yesterday (5/15) in League of Women Voters v. Blackwell, the parties have not reached a settlement in the case, and the appellees have requested that the case proceed. The briefs in the case have already been filed, so the next step in the litigation would be an oral argument in front of the U.S. 6th Circuit Court of Appeals. A decision by the Court in this case could potentially be a major precedent. (See the EL@M case page).

IN and NC Polling Hours Extended

May 6 - Judges ordered an extension of polling hours in "several" Indiana precincts and at least one in North Carolina.

EL@M Releases KQKS: Indiana

May 5 - Just in time for Indiana's May 6 Presidential primary, EL@M Web Analyst Sarah Cherry presents this comprehensive analysis of Indiana's election system, including three election contest scenarios. The Indiana report is part of a developing series of reports on the election systems of swing states, reports that will later be combined with a series of interactive maps and charts to make the material more reader-friendly.

Commentary

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

more commentary...

In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

more EL@M in the news...

Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

more info & analysis...