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Election Law @ Moritz

Election Law @ Moritz


Commentary

Serious Issues Surface in Maryland

As polling shows tightening of the state’s gubernatorial and U.S. Senate races, three new developments have occurred recently, compounding concerns raised by the problems that plagued the state’s September primary. First, the Washington Post reports that the Republican Party has told its poll watchers that their “most important duty” is to challenge individuals they believe ineligible, a move that Democrats and other observers say is a “voter suppression” effort. Second, the Baltimore Sun reports that at least ten poll workers received an apparently fraudulent phone call telling them that they had been reassigned to a different precinct, a scheme that if effective could prevent polling places from opening on time. Third, there have been widespread reports of shortages of available absentee ballots, a problem that might prompt a civil rights suit according to at least one account. These controversies and others that might emerge could serve as a predicate for attempting to contest a close vote.

Edward B. Foley is Director of the Election Law @ Moritz program. His primary area of current research concerns the resolution of disputed elections. Having published several law journal articles on this topic, he is currently writing a book on the history of disputed elections in the United States. He is also serving as Reporter for the American Law Institute's new Election Law project. Professor Foley's "Free & Fair" is a collection of his writings that he has penned for Election Law @ Moritz. View Complete Profile

Commentary

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. 

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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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