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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

June, 2010

Below are postings from June, 2010. (See Archives | Recent Headlines)

IN Supreme Court upholds voter ID law

June 30 - The Indiana Supreme Court today (6/30) entered an opinion in the case of League of Women Voters v. Rokita ruling that the state’s voter identification law is constitutional. [See EL@M case page and Indianapolis Star article for more information.]

Georgia Challenges Section 5 of the Voting Rights Act

June 28 - The State of Georgia has filed this complaint against AG Eric Holder. The complaint seeks judicial preclearance of its voter verification process under Section 5 and, in the alternative, asserts that Section 5 is unconstitutional. DOJ had denied preclearance of the verification process last year and declined to withdraw its objection earlier this year. The case is worth watching not only because of the constitutional claim, but also because of the relative dearth of precedent on how Section 5 should be applied to election administration practices like this one. According to this story, Georgia's Attorney General Thurbert Baker refused to file suit, leading Governor Sunny Perdue to appoint a special attorney general to file on the state's behalf. [See EL@M case page for additional information]

New NY case citing violation of Section 2 of the Voting Rights Act

June 28 - The New York State Conference of the NAACP and other civic groups have filed a complaint against the New York State Board of Election seeking a declaratory judgment that the overvote practice and procedure results or will result in the denial of NY citizens’ right to vote on account of race or color, in violation of Section 2 of the VRA. [See EL@M case page and New York Times article for additional information.]


Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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...