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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

August, 2008

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

State Seeks Damages for Defective Voting Machines

Aug. 7 - Secretary of State Jennifer Brunner filed a counterclaim against Premier Election Systems (formerly Diebold) yesterday (8/6) in Franklin County Common Pleas Court.  Secretary Brunner wants the court to find that Premier made false representations about its voting machines and failed to live up to contractual obligations and warranties.  The controversy surrounds votes which were "dropped" in recent elections by Diebold voting machines when information was uploaded to computer servers. Premier filed the lawsuit in May, seeking a ruling that it had satisfied the terms of its contract with the state and Cuyahoga County. 

Injunction Denied in Florida Voter Registration Case

Aug. 7 - U.S. District Court Judge Cecilia Altonaga denied the plaintiffs' motion for a preliminary injunction yesterday (8/6) in League of Women Voters of Florida v. Browning.  The plaintiffs had filed their action in an attempt to stop the enforcement of Florida's new laws concerning the handling of voter registration applications by third-party voter registration organizations. 


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...