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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

July, 2010

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

Doe v. Reed a Disappointment on Several Fronts

July 2 - The Supreme Court published Doe v Reed last week, at the very end of its 2009-2010 term, and the case was a major disappointment in many ways. At issue in the case was a challenge to the Public Records Act of the State of Washington that, according to the Washington Secretary of State, forced state officials to disclose publicly the contents of petitions for a referendum on the recently passed and signed State of Washington law. The law extends benefits to same-sex couples. The referendum demand, which gathered sufficient petition signatures, put the law to a popular vote. The people of Washington voted 53% to 47% to sustain the law.


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...