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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

December, 2010

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

Ohio Cases on Counting Provisional Ballots Cast in Wrong Precincts

Dec. 29 - ElectionLaw@Moritz is following two Ohio cases that raise questions regarding whether to count provisional ballots cast in incorrect precincts due to poll worker error. Hunter v. Hamilton County Board of Elections challenges whether poll worker error may be considered when deciding whether to count provisional ballots, and the process for determining whether such error occurred. The case originated in federal court, and the federal District Court required the Board of Elections to investigate whether some provisional ballots were wrongly cast due to poll worker error. The case focuses on the correct application of state election law. Sarantou v. Lucas County Board of Elections also examines whether to count provisional ballots cast in incorrect precincts because of incorrect instructions from poll workers. Plaintiffs argue that state law, using a combination of statutes and directives from the Secretary of State, provides only very limited circumstances under which provisional ballots cast in incorrect precincts may be counted, and requires clear and convincing evidence of poll worker error.

State Supreme Court rules against Miller in Alaska

Dec. 27 - The Alaska Supreme Court on Wednesday (12/23) issued an opinion ruling against MIller in the case involving the Alaska Senate seat.  However, Miller has vowed to continue the fight in federal court, while not challenging the certification of Murkowski.

State court ruling in Alaska

Dec. 13 - Regarding the Alaska Senate election, the Alaska Superior Court at Juneau has granted a motion for summary judgment, ruling in favor of the State. The Court has stayed the order to allow for possible appeals to the state supreme court.  A decision from Miller on whether to appeal has yet to be made.  UPDATE:  Late Monday, Miller filed a notice of appeal with the Alaska Supreme Court.


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.

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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.

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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.

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