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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

September, 2009

Below are postings from September, 2009. (See Archives | Recent Headlines)

Decision in League of Women Voters v. Rokita

Sep. 17 - The Indiana Court of Appeals has issued an opinion (9/17) reversing the trial court's dismissal of the League of Women Voters amended complaint for declaratory judgment, which sought a judicial declaration that Indiana's Voter ID law violates the Indiana constitution.  The court of appeals further remanded the case to the trial court with instructions to enter an order declaring the Voter ID law void. [See EL@M case page for additional information, along with local reactions from the Indianapolis Star.]

News on the Oral Argument for Citizens United

Sep. 4 - The oral arguments for the case of Citizens United v. Federal Election Commission are set for Wednesday, September 9, and information on the hearing has been leaked thanks to the SCOTUS blog.  This will be the first hearing for Justice Sotomayor, with plans to provide the audio of the argument shortly after the hearing.  For more discussion on this case, see Edward B. Foley's comment "Citizens United, Stare Decisis and Democracy."


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...