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Election Law @ Moritz

Election Law @ Moritz


Commentary

Sandy Colloquy 5: Making Every Effort to Vote On-time

If modern American political history is any guide, every effort will be made to conduct the election on its regularly scheduled date in all states affected by Sandy, for the simple reason that the USA (and the world, given the USA's out-sized importance to it since the 1940's) needs to have a result very quickly in order to make a smooth, effective transition possible if the challenger wins.  That real-world pressure heavily affected the Bush v. Gore litigation's resolution.  And so unless conditions are truly unworkable, in major metro areas especially, I expect the election to go forward on Nov. 6th, even if the results are messy in the sense that some voters don't show up for weather-related reasons and some machines fail and voters are asked to fill out paper ballots for that reason.

Commentary

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.

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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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