Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you are going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

Professor Daniel Tokaji was quoted in a Talking Points Memo article about a bill proposed by Ohio Republicans that would restrict Ohio public universities from providing residency documents to students used to help them vote. Ohio law requires voters to have lived in Ohio for at least 30 days immediately before an election, while public schools require students to have "gone to an Ohio high school or have a parent or spouse who lives or is employed in the state prior to enrollment," the story says.

Essentially, if the law passes, schools giving out-of-state students documents to prove residency in Ohio 30 days before an election, the schools would also have to consider the out-of-state students as Ohio residents and charge them the same tuition price as in-state students. Tokaji said the law is a blatant attempt at voter repression by Republicans and called it "shameful."

“The way that they’ve written this bill makes it clear that its only purpose is to suppress student voting,” he said. “What I’d say to the Republican Party is this is not only a shameful strategy, but it’s a stupid strategy because, you know, the Republican Party already has a signifcant problem with young voters. They’re on the verge of losing a generation of voters. Their path to victory is not to suppress the student vote, but to win the student vote.”

Professor Donald Tobin was quoted in a New York Times article about the law regarding investigation by the Internal Revenue Service into social welfare groups. The article circulates on Section 501(c)(4) groups (tax-exempt social welfare groups classified as having no political affiliation), which are defined by the tax code as “civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare.” However, a 1960 law states that these groups can intervene in politics as long as their primary focus is on social welfare.

Tobin argues that the tax law actually defines political advocacy much more broadly, “using a facts and circumstances” test that political ads placed by Section 501(c)(4) groups would fail.

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”

Professor Donald Tobin was quoted in a Bloomberg Businessweek article about a scandal caused by the Internal Revenue Service’s review of political nonprofit groups. IRS employees had used keywords such as "patriot" and "Tea Party" to flag groups for extra scrutiny. In March 2010 a surge in Tea Party activism had led groups to form across the country, and some applied to the IRS to become 501(c)(4) organizations or social welfare groups.

Tobin said the benefits of 501(c)(4) status mean that the IRS can’t simply look at the organization’s stated purpose.

“You’re trying to get behind what people are saying and make sure what people are saying is really the truth,” he said. “That can seem very invasive but at some point it needs some kind of information about the group to determine whether it’s valid or it’s not.”

Professor Donald Tobin was quoted in an NBC News article about the Internal Revenue Service's scrutiny on certain types of independent advocacy groups. Such groups were flagged by the IRS for further investigation for if they had names such as "Tea Party."

Tobin, an expert on how tax laws apply to political activity, explained that “the IRS is always in a very precarious position” in trying to enforce rules on 501(c)(4) organizations since “whenever a group is being investigated, it may complain that it is being done for political reasons.”

He went on, explaining that “the IRS needs some way of culling through the mass of information that they get” in order to figure out which groups need further scrutiny. “The IRS does need some sorting device.” But, he said, “I wish the IRS had looked for a neutral term like ‘party’ rather than ‘Tea Party.’”

Professor Michelle Alexander was quoted in an article in The Triangle, the student newspaper at Drexel University, about her book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness. Her book focuses on the targeting of black men during and following the war on drugs.

“I’m now interested in supporting people who are engaging in activism and organizing in their community. I’m praying that people will continue to do community organizing and advocacy in ending the drug war and abolishing all these forms of racial discrimination on these people who just got out of prison. … It’s possible. It just requires people in all of these communities saying, ‘We no longer want to send people to jail for minor drug offenses. We want to have rehabilitation. We want a public-health approach, not a cruel justice approach,’” Alexander said.

Professor Dan Tokaji was quoted in a Trib Total Media article about a bill that would allow citizens to vote up to 15 days before Election Day. Proponents of the bill support it for being more conducive to modern life, allowing voters more of a chance to cast their ballots. Tokaji touched on the idea that same-day registration could be a key element to increasing voter turnout as well, while he said not all politicians would support that idea.

“Some politicians don't want more people voting,” he said. “Generally speaking, more Republicans oppose (same-day registration) because they worry that it will have a more beneficial impact on Democrats, but actually the evidence doesn't show that to be the case either.

“It'll help whichever party is able to better mobilize their voters,” Tokaji said.

Professor Edward Foley was quoted in an article on ABCnewsradioonline.com regarding the Supreme Court case challenging the Arizona voter ID law. "The case is intrinsically important,” says Foley, “because it asks whether a state can add a requirement to prove U.S. citizenship at the time of voter registration, beyond what the federal government requires under the NVRA”.

Professor Dan Tokaji was quoted in an article by the University at Buffalo The State University of New York regarding the Campaign Finance Conference. "The regulation of lobbying is a cutting-edge issue in the law of elections and politics,” said Tokaji. “Election Law Journal is excited to have the opportunity to publish papers on lobbying and campaign finance by leading scholars from around the country."

Professor Dan Tokaji was quoted in a journal article in the Election Law Journal about the possible election law questions that surfaced with the resignation of Pope Benedict XVI. ""The resignation of Pope Benedict XVI brings into the public spotlight the longest-standing system for conducting elections for the head of any institution on earth. Professor Baumgartner's article offers a lively and accessible summary of the development of the rules for papal elections, a must read for anyone interested in this important topic," he said.

Professor Daniel Tokaji weighed in on an article in MSNBC about a possible scheme in Virginia to rig the Electoral College in favor of Republicans.

“I think there’s a very strong argument to be made that this change has a retrogressive effect on African-American voters in particular and perhaps Latino voters as well,” Tokaji said.

Professor Edward Foley was quoted by The Bay State Banner in an article about one of the most contentious issues of the most recent election season: voter identification laws. More than 30 states introduced some sort of legislation in 2011 and 2012. Asked if we could see another wave of legislation over voter ID laws, Foley said it's difficult to tell.

“What we don’t know is if from 2013 to 2014, we’re going to see that same phenomenon at that same level,” said Foley, the director of the Election Law @ Moritz program.

Professor Daniel Tokaji was quoted in an article in the Cincinnati Enquirer about what Ohio has learned from the November 2012 election. “In the U.S. the burden [of registering to vote] falls on the voter, whereas in most other countries the government takes affirmation in making sure every voter is [registered],” he argued.

Professor Dan Tokaji will be delivering the annual O’Hara Lecture on Law and Politics Thursday, Nov. 29. “There’s been no year in which this critical role has been more evident,” says Tokaji. “In a number of states, legislatures and election officials got too greedy in their efforts to make it more difficult to vote and have their votes counted. And the courts pushed back, sometimes relying on the U.S. Constitution, sometimes the Voting Rights Act, sometimes state constitutions.”

Professor Edward Foley was quoted in an article in The American Prospect about the complications Ohio's provisional ballot system still faces. “I think Ohio dodged a proverbial bullet,” said Ned Foley, the head of Ohio State’s Moritz Law Center. Still, Foley is quick to point out, “The focus has gone away but that doesn’t mean the vulnerabilities don’t exist.”

Professor Edward Foley was quoted in an article in The Arizona Republic regarding laws surrounding provisional ballots and how they will count in the 2012 presidential election. "We have to realize that we're adding this risk or this wrinkle into the system," said Edward Foley, an election-law expert and law professor at Ohio State University. "As long as they get counted in the end, those ballots will count like every other ballot."

Professor Dan Tokaji was quoted in an article by the Tampa Bay Times about the exceptionally long lines that affected voting in Florida on Election Day 2012. "I'm hesitant to say what went wrong," said Daniel Tokaji, a law professor and elections expert at Ohio State University. "But the president is right, we do need to fix this. In the long run, this will dampen turnout if it takes this long to vote."

Professor Edward Foley was quoted in an article by CNBC regarding Ohio's early voting rules and provisional ballots and what will happen in the future. "In some ways it's analogous to the military," he said. "Lawyers are preparing for the last war and what the next war would be."

Professor Dan Tokaji was quoted in an article in The Lantern about polling location confusion among Ohio State students. “(The county) wouldn’t necessarily be looking to Ohio State’s boundaries in ascertaining where the precinct boundaries would be,” Tokaji said

Professor Steven Huefner was quoted in an article by The Lantern about the time the presidential race was called on Nov. 6, 2012. “It’s an advantage to our national government to be moving forward now as opposed to waiting,” he said. “I’m sure that this is a relief to the American public that it’s over.”
 

Professor Dan Tokaji was quoted in an article in the Boston Herald about what the long lines on Election Day 2012 meant for the voting public. “In a sense, this could be a good thing. It’s a signal there are a lot of people turning out,” Tokaji said. “But boy, the problem with lines in this election, impressionistically, seems a lot worse than four years ago.”

Professor Edward Foley was quoted in an article in the Chicago Tribune regarding the law suits that have and will occur from the 2012 presidential election. In some ways it's analogous to the military," he said. "Lawyers are preparing for the last war and what the next war would be."
 

Professor Steven Huefner was quoted in a blog post on Crain's Cleveland Business regarding the possible similarities between the 2000 presidential election in Florida and this year's presidential election in Ohio. "There is no federal statutory law that creates the same sort of election contest as under Ohio law," Prof. Steven Heufner of Ohio State University's Moritz College of Law tells the publication.

Professor Steven Huefner was quoted in an article in the Connecticut Law Tribune about election laws in Ohio that could have an effect on voting outcome. "At some point,” says Huefner, “when there is enough of a case to be made that something has gone wrong that affects the election outcome, people will sit up and take notice that state courts can't consider this.”

Professor Edward Foley was quoted in an article in The Plain Dealer about law regarding provisional ballots in Ohio and the role those might play in the 2012 presidential election. "That will get dicey," said Edward Foley, director of Election Law @ Moritz, a program at the Ohio State University’s Moritz College of Law. "That just shows a structural weakness in our system."

Professor Edward Foley was quoted in an article in The American Prospect about the possible court cases that may arise from election law in Ohio. “It’s not like there are seven different things that might happen on November 7,” Foley said. “It’s like we’re at a fork in the road, and we could go down this path or that path. And if we go down the second path, then a few days later we meet another fork in the road.”

Professor Dan Tokaji was quoted in an article on Politico about the number of provisional ballots expected in Ohio. “If we’ve got a margin that’s over 100,000 votes [in Ohio], none of this stuff will matter,” said Dan Tokaji, a law professor at Ohio State University. “Over 50,000 votes, it probably won’t matter. But if we’ve got an election margin in the low tens of thousands on election night, especially with [Mitt] Romney ahead by the low tens of thousands, then in that situation provisional ballots will matter, and these fights could make a difference in terms of who’s president."

Professor Edward Foley was cited in an article on Bloomberg News Service regarding Green party candidate Robert J. Fitrakis's attempt to block electronic voting machines. Voter rights advocates and lawyers for the candidates may initially head to court to keep polls open longer because of machine breakdowns, to make up for Hurricane Sandy’s aftermath, or to bar partisan poll-watchers challenging the rights of some to vote, said Edward Foley, a law professor at Ohio State University.

Professor Edward Foley was quoted in an article on Press TV regarding the possibility of a delay in election results for the 2012 presidential election. “If litigation doesn’t kind of take over and have a life of its own, you can imagine not knowing the answer for a week or two,” Foley said. “If they keep fighting after certification, all bets are off until you get to the December deadline set by federal law.”

Professor Dan Tokaji was quoted in an article in The New York Times about the possible delay caused by a recount in Ohio for the 2012 presidential election. “We’re expecting 200,000 or more provisional ballots — that’s more than New York or California — and that means that an election is contestable here with a margin in the low tens of thousands of votes,” Tokaji said.

Professor Steven Huefner was quoted in an article in the Legal Times regarding the role students play in the 2012 presidential election on Election Day. "As a team, we're collecting the most significant election events and analyzing them on our website," said professor Steven Huefner. "Thus far, it has been like most other elections, with scattered problems around the country."

Professor Edward Foley was quoted in an article in the Tampa Bay Times about what might go wrong in Florida on this Election Day. "In close races, an entire state's elections process goes under the microscope," said Ed Foley, an Ohio State University law professor and elections expert. "With that type of scrutiny, things always turn up."

Professor Edward Foley was quoted in an article in the Bloomberg News about lawsuits during the presidential election. “You can’t have a recount until you do a canvass and you can’t do a canvass until you verify the provisional ballots,” Foley said in an interview. “An election might be too close to call until they go through the process.”

Professor Edward Foley was quoted in an article in the Boston Globe regarding possible law suits due to the potential close call of this presidential election. “The analogy to warfare makes sense; the Pentagon is always improving its weaponry,” said Edward B. Foley, an Ohio State University law professor and an expert on election law. “Something of the same thing is going on in the legal battles. You just accumulate experience and sophistication in how to think about what to do.”

Professor Edward Foley was quoted in an article on Minnesota Public Radio about the importance of voter-ID. "For many voters, you know, what's the point?" Foley said. "They read in the newspaper the next day that the elections are decided, and so on and so forth. They live busy lives and don't bother to rectify their ID."

Professor Edward Foley was quoted in an article on AZCentral.com regarding the need for campaign lawyers during this presidential race. “One thing both sides are thinking about is what court to file in, state or federal? And do you go to court, or do you work through the administrative process?” said Edward Foley, who directs the election-law institute at the Ohio State University’s Moritz College of Law

Professor Steven Huefner was quoted in an article in RIA.ru about the election being too close to call. “If there’s an issue anywhere that requires a careful examination of [US] electoral processes, it will likely reveal the fact that voting today remains an incredibly complex process run on a shoestring budget basically by volunteers,” said Steven Huefner, a professor at Ohio State University’s Moritz School of Law.

Professor Edward Foley was quoted in an article on WKSU.com about the presidential election and the role Ohio plays. “Historically Ohio ends up counting most of the provisional ballots that are cast - in some years it’s 70 percent and as high as 80 percent in one year. So the majority end up being verified and count just like any other vote.”

Professor Edward Foley was quoted in an article in the Cincinnati Enquirer about lawyers being necessary to come to a decision on who the next president will be because of a close race. That issue, Ohio State University law professor and election-law expert Ed Foley notes wryly, “can look very different the morning after the election than the day before.”

Professor Dan Tokaji was quoted in an article in the Newark Advocate about the frequency of prosecution of double voting. “It’s not that it never happens, but proven instances are quite rare,” said Daniel Tokaji, an election law professor at Ohio State University.

Professor Steven Huefner was quoted in an article in the Newark Advocate about voter fraud frequency and common ways it can happen. “I’m sure that what we have much more than anything else is people who are signing petitions who aren’t properly able to sign a petition,” Huefner said.

Professor Edward Foley was quoted in an article on the National Review Online about Ohio's role in th presidential election. “Ohio has a history of litigating over the rules for counting provisional ballots,” Ned Foley of the Moritz College of Law at Ohio State told National Journal.

Professor Edward Foley was quoted in an article in The Week magazine about elections that have come too close to call and what was done about it. "We could easily see a situation," said Ohio State law professor Ed Foley, "in which the nation has to wait for Ohio."

Professor Edward Foley was quoted in an article in The Guardian about scenarios that could cause the presidential election to be undecided on November 6.  "Just because we are forced into overtime on 7 November doesn't automatically mean we are in crisis," he says. "Such uncertainty is not a reason for panic."

Professor Edward Foley was quoted in an article on WIBW.com about what would need to happen if the election decision is delayed.  "Ohio has a history of litigating over the rules for county provisional ballots," said Foley.

Professor Steven Huefner was quoted in an article on TheWeek.com about how Hurricane Sandy will affect the November 6 election. "I think this storm is much more of a warning than an actual problem," Ohio State University law professor Steven Huefner tells BuzzFeed. To get a sense of how much worse it could be, "I'd like to invite people to think about what would be happening if the storm had arrived eight days later than it had."

Professor Edward Foley was quoted in an article in the Mercury News about why both campaigns are hiring lawyers as we near Election Day. "Edward Foley, director of the election law program at Ohio State University, came up with a hypothetical scenario in which Romney leads Ohio by 10,000 votes the day after the election—but there are 150,000 outstanding provisional ballots that must be examined. Ohio law gives voters 10 days, until Nov. 17, to provide officials with any information needed to show they are eligible to vote."

Professor Edward Foley was quoted in an article in Bloomgberg Businessweek about what could happen if the presidential election ends in a tie. “If you stipulate that they act according to partisan interests, they would pick Biden even if the House has picked Romney,” said Edward Foley, director of the election law program at Ohio State University’s Moritz College of Law in Columbus. A Romney-Biden administration is perhaps the oddest potential outcome to what could be a complicated finish to the presidential election.

Professor Edward Foley was quoted in an article by the LA Times about what happens if the election is too close to call. “It’s the new normal,” said Ed Foley, an election law expert at Ohio State University’s Moritz College of Law. “You could see some lawsuits that may end up not amounting to much, but skirmishes as the candidates try to control the terrain.”

Steven Huefner, professor at Ohio State's Moritz College of Law, was quoted in an article on RT.com from an interview with  ABC News that any states that decide to postpone the election, though possible, would be posed with even bigger fish to fry. "For those states that don't already have an election emergency process in place, any departure from the established election process could easily give rise to court challenges about the legitimacy of the election," Huefner says. "Even states with an emergency plan might find themselves facing litigation over specific ways in which they've implemented their emergency plan."

Professor Edward Foley was quoted in an article on Bloomberg News about the complications Hurricane Sandy might have on voting in this election. “There are backup measures -- paper ballots, absentee ballots” that could be used instead of delaying the election, Foley said. “It may be less than ideal, but, weighing the alternatives, it would be better to go forward and do the best you can.”

Professor Edward Foley was quoted by the Los Angeles Times in an article about the potential pitfalls at the polls and legal challenges to arrive on and after Election Day. "It's the new normal," Foley said. "You could see some lawsuits that may end up not amounting to much, but skirmishes as the candidates try to control the terrain."

Professor Edward Foley was quoted in an article in the International Business Times about how early voting may affect the Nov. 6 presidential election. "If it's a really tight race, we could be in a position where we don't know [the winner] until provisional ballots are counted," said Edward Foley, Director of Election Law at Ohio State University’s Moritz College of Law. "If Ohio is held up, and Ohio is essential to know who won, then the presidency is going to get held up."

Professor Steve Huefner was quoted by an ABC News article on the possibility of postponing the election because of Hurricane Sandy. "For those states that don't already have an election emergency process in place, any departure from the established election process could easily give rise to court challenges about the legitimacy of the election. Even states with an emergency plan might find themselves facing litigation over specific ways in which they've implemented their emergency plan."

Professor Dan Tokaji was quoted in a post on Reuters.com about how Hurricane Sandy may affect voting for the upcoming election. "I feel pretty safe in saying the likelihood of an amendment of this federal statute is right around zero,” said Daniel Tokaji, a law professor at Ohio State University and an expert on election law and voting rights.

Professor Steven Huerfner was quoted in an article in The Washington Post about the effects of Hurricane Sandy on voting in the upcoming election. Any governor who tried to reschedule or extend an election because of the weather would immediately be accused of partisan motivations, said Steven Huefner, professor at Ohio State University’s Moritz College of Law. “There certainly would be a court fight,’’ he said.

Professor Steven Huefner was quoted in an article on KMBZ.com about how Hurricane Sandy will affect voting in the upcoming election. "For those states that don't already have an election emergency process in place, any departure from the established election process could easily give rise to court challenges about the legitimacy of the election," he said. "Even states with an emergency plan might find themselves facing litigation over specific ways in which they've implemented their emergency plan."
 

Professor Edward Foley was quoted in an article in The Plain Dealer about the role provisional ballots might play in the upcoming election. Foley said Ohio law allows poll workers broad discretion to issue provisional ballots. The philosophy is, he said, "If there's uncertainty, let's let them have a provisional ballot, and we'll catch up with it later."

Professor Steven Huefner was quoted in a commentary in The Examiner about who has the power to change Election Day. “The bottom line is that Congress sets the date for the states to conduct the election of presidential electors,” Huefner explained, noting that the election date has already been set for Nov. 6. “Congress would be free to change that date but that seems a pretty remote prospect at this point that they would reconvene and change the date.”

Professor Steven Huefner was quoted in an article on BuzzFeed about the voting difficulties cause by Hurricane Sandy. "We don't have a very well-established set of mechanisms for making those adjustments. Some states have existing procedures, but that's a minority of states that do. Even those states that have thought about it have come up with widely differing approaches," Huefner said.

Professor Edward Foley was quoted in a USA Today article about both sides in the Presidential election preparing for a very close race and the possibility of recounts in one or more states. "One thing both sides are thinking about is what court to file in, state or federal? And do you go to court, or do you work through the administrative process?" said Foley, who directs the Election Law @ Moritz program. "And they have different strategies based on if they're up or if they're behind."

Professor Edward Foley was quoted in an article on OhioVotes.com about the role provisional ballots might play in the upcoming election. Professor Foley said going into overtime for an election isn't necessarily a crisis."If it takes 10 days to know who won, that does mean we have to wait and we may be on the edge of our seats and we really want to know, but it doesn't mean we've got a problem - it just means we've got a close election and we've got some more ballots to count," Foley said.

Professor Dan Tokaji was quoted in an article on AlterNet about a "voter vigilante group" called True TheVote. “I don’t know what TrueTheVote has planned for Election Day. It would troubling be if outside groups were giving training to poll workers that conflicts with their legal obligation,” he said. “They are effectively state officials. Anything they do would be considered state action.”

Professor Edward Foley was cited in an op-ed in The Los Angeles Times regarding provisional ballots to be counted in Ohio in the event of a close race. "What that means, Ohio State law professor Edward B. Foley has warned, is that a candidate who falls just short on election night may ask for the provisional ballots to be counted, and that could take days. In 2008, Foley noted, about 207,000 provisional ballots were cast, enough to change a close election's outcome. The conventional wisdom holds that provisional ballots lean Democratic, since many of them are cast in urban precincts. This might be a scenario under which Obama could seek a longer count if election night doesn't go his way," wrote Doyle McManus.

Professor Dan Tokaji was quoted in an article in The Cincinnati Enquirer regarding how legislative district maps have been drawn to make areas dominated by one political party or another. Plans from the Ohio Campaign for Accountable Redistricting are better, Tokaji said: "In their fairness and competitiveness, these plans are demonstrably superior to the one that this board has released."

Professor Dan Tokaji was quoted in an article in the Huffington Post regarding early voting claims that it could lead to voter fraud. "Tokaji noted that fraud is much more prevalent among votes cast by mail, including absentee ballots submitted by mail. 'Why don't you see the same statements being made about absentee, mail-in voting?' Tokaji said. 'If you look at the population that predominantly uses it -- they're Republican.'"

Professor Dan Tokaji was quoted in an article in The Plain Dealer about the debate he attended regarding the change to Issue 2. "Dan Tokaji, a professor of constitutional law at Ohio State University, said, 'When politicians draw the lines, the voters lose.' He said if Issue 2 passes 'we won't have three-quarters of the districts favoring one party as they do now.'"

Professor Ned Foley was quoted in a Cincinnati Enquirer article on the possibility of the presidential election being too close to call on election night and results being delayed until provisional and absentee ballots are counted. “We could easily see a situation in which the nation has to wait for Ohio because of provisionals,” said Foley, an Ohio State University law professor and nationally respected expert on election law. “We ought to start thinking about those what-if scenarios now rather than the Wednesday morning after the election.”

Professor Edward Foley was quoted in an article by Cinncinati.com regarding how Ohio’s voting policies could leave the election undecided for up to three weeks. “We could easily see a situation in which the nation has to wait for Ohio because of provisionals,” said Ed Foley, an Ohio State University law professor and nationally respected expert on election law. “We ought to start thinking about those what-if scenarios now rather than the Wednesday morning after the election.”

Professor Edward Foley was quoted in an article in The Washington Post about counting Ohio's provisional ballots accurately to avoid a disaster like Florida during the 2000 election. "There might be pressure on Obama to concede, especially if Romney is also ahead in the national popular vote,” Foley wrote.

Professor Dan Tokaji was quoted in an article in The Daily Beast about what winning Ohio means to both presidential candidates this election season. “The Ohio legislature made a mess of the state’s early voting laws. Secretary Husted has said it’s really easy to vote in Ohio,” Tokaji says, “but Republicans in Ohio have been trying to make it more difficult to vote but have been rebuffed by the courts.”

Professor Edward Foley was quoted in an article by The Palm Beach Post about the likelihood of a vote-counting issue like the one in Florida in 2000 will occur again. “‘They were making up the rules as they went along,’ he said. That, he said, was what ultimately spurred the U.S. Supreme Court to halt the recount and call the election for George W. Bush.”

Professor Dan Tokaji was quoted in an article on ToledoBlade.com about Ohio Secretary of State Jon Husted's speech on voting rights for Ohioans at the University of Toledo Law School. "It’s the job of the federal courts to enforce the Constitution; that includes the right to vote,” said Daniel Tokaji, a professor at the Ohio State University Moritz College of Law who was a panelist at the symposium, after the secretary’s comments. “…We should be doing everything we can to improve access to eligible voters.”

Professor Edward B. Foley was quoted in an article on ABCnews.com about Ohioans right to in-person early voting. “Now all voters in Ohio will have the opportunity to do in-person early voting, where they otherwise wouldn’t have,” says election law expert Edward B. Foley from the Ohio State University Moritz College of Law. “That makes the availability of early voting look more like 2008 when roughly 100,000 voters took advantage of the early vote. Expectation of political scientists in general is that demographically the segment of the electorate that prefers in-person early voting is an urban community.”

Professor Edward B. Foley was quoted in an article on ABCnews.com about the Republican party's appeal to the Supreme Court about passing Ohio's early in-person voting restriction law. Edward B. Foley, an election law expert at the Ohio State University Moritz College of Law, says, “the Obama campaign’s concern is that there is a federal constitutional violation by giving voting opportunities to military voters that are not extended to all eligible voters. The campaign is suing under the Equal Protection Clause of the Constitution, which has a long track record in the U.S. Supreme Court in applying to voting laws.”

Professor Dan Tokaji was quoted in a CNN.com article about new voter laws requiring citizens to present a valid state-issued photo ID at the polls to protect the integrity of voters. "We've seen a great deal of litigation in the last two election cycles," said Dan Tokaji, an Ohio State University law professor. "This is shaping up to be an extremely close presidential election in which a lot of these seemingly little things could add up and make a difference in these swing states in Florida or Ohio or Pennsylvania."

Professor Dan Tokaji was quoted in an article on Cincinnati.com about the Cincinnati court’s decision that Ohio provisional ballots cast in the right polling place, but wrong precinct because of a poll worker must be counted. “The basic principle underlined in this case is that a voter’s vote shouldn’t be rejected because of someone else’s mistake,” said Daniel Tokaji, a professor at Ohio State University’s Moritz College of Law. “When you cut through all the legal technicalities, that’s what the case comes down to.”

Professor Donald B. Tobin was quoted in a Wall Street Journal article on a new New York law that requires trade associations that lobby state government to publicly disclose their sources of funding. Banking and insurance groups are fighting against donor disclosure. "My gut tells me that New York would be able to say that there's a substantial relation between the disclosure requirement and an important government interest," Tobin said.

Professor Dan Tokaji was quoted in a PolitiFact analysis of whether Ohio Secretary of State Jon Husted's statement that members of the proposed redistricting committee could " accept a bribe from somebody to get the map that you want, and you couldn’t be removed from this commission" was true or false. Tokaji said that existing Ohio law, enacted under Article 2, Section 38 of the Ohio Constitution, sets a process for removing an officeholder. "A commissioner could therefore be removed for bribery following this statutory process," Tokaji said. "Nothing in Issue 2 prevents this."
 

Professor Dan Tokaji was quoted in a Washington Post article on the Ohio Secretary of State's decision to appeal a United State Court of Appeals for the Sixth Circuit decision to allow early voting the weekend before the election to the Supreme Court of the United States.  Tokaji said it is difficult to predict what the justices will do, “but I’m going to go out on a limb and say it’s hard to see any good reason for them to take it.” When asked about the SOS's concern that as a result of the Sixth Circuit ruling, polls in some Ohio counties would be open the weekend before the election while others would not, Tokaji said “There’s one person in Ohio who has the power to fix that, and it’s Husted.”

Professor Ned Foley was quoted in a Roll Call article about the Ohio Secretary of State's decision to appeal the recent U.S. Court of Appeals for the Sixth Circuit's decision to allow early voting in Ohio the weekend before the election. “What the [judges] are saying is that we, the federal judiciary, aren’t insisting that you have these three days of early voting everywhere; we’re just insisting that you treat the military and nonmilitary voters the same. So if under Ohio law every county gets to decide what to do, they still get to decide as long as they treat military and nonmilitary voters the same.”

Professor Ned Foley was quoted in a Cleveland Plain Dealer article on the Ohio Secretary of State's decision to appeal a U.S. Court of Appeals for the Sixth Circuit decision to allow early voting in Ohio the weekend prior to the election.  "Basically, four federal judges took a look at this and said this Ohio law is convoluted and shouldn't be able to take effect for this election," Foley said. "Is it absolutely imperative for the U.S. Supreme Court to get involved? It doesn't feel that way to me."

Professor Dan Tokaji was quoted in a Roll Call article about the Ohio Secretary of State's decision to appeal the recent U.S. Court of Appeals for the Sixth Circuit's decision to allow early voting in Ohio the weekend before the election.  “To make a long story short, the Legislature made a real mess of our early voting law,” Tokaji said. “To the extent that there is any differential treatment between counties, Secretary Husted has no one to blame but himself for that and he has the power to fix it.”

Professor Ned Foley was quoted in a Los Angeles Times article on several recent court decisions that block voter identification laws. "Courts see their role as the protectors of the core right to vote,"  Foley said.

Professor Dan Tokaji was quoted in a Dayton Daily News article about Ohio Issue 2, which would create the Ohio Citizens Independent Redistricting Commission. The Commission would meet in public and consider four cour principles when drawing new district lines. “These are the criteria that best capture fundamental values in our democracy. They’re values that will serve the interests of voters rather than the interests of partisan politicians.”

Professor Donald B. Tobin was quoted in a Roll Call article about "dark money" in politics. The article focused on 501(c)(4) social welfare organizations who do not have to disclose donors, being used to fund political ads.  Two such groups - Crossroads GPS and Americans for Prosperity - have spent $173.8 million on campaign ads, which is more than the top four super PACs combined. Where the money came from is unknown. The article says Tobin favors requireing tax-exempt groups like the ones above to disclose contributions and expenditures over $25,000. "Tobin also suggests allowing for external complaints regarding abuses of tax-exempt status and putting enforcement in the hands of an independent, nonpartisan commission made up of former IRS veterans," the article said.

Professor Dan Tokaji was quoted in a PolitiFact truth-o-meter question regarding Ohio Attorney General Mike DeWine's claim that "Since the time of the Civil War, we've made a distinction in this country between the availability and the ability to access for people who were in the military, versus the rest of us, to vote." Politifiact relied heavily on an article Tokaji wrote on the subject.  "There has been some waxing and waning over the years," Tokaji said in an interview. "It's not a story of steady progress over the years as time has marched on."
 

Professor Ned Foley was quoted in a Business Week article on pending election administration lawsuits in Ohio.  “It’s not unprecedented to have these last-minute lawsuits over voting process.  They’ve just snowballed since Bush v. Gore.”

Professor Dan Tokaji was quoted in a Tucson Sentinel article on the upcoming U.S. Supreme Court session and the odds the Court will hear a case on Arizona Proposition 200. “It’s unlikely that they’re going to get the Supreme Court to bite on this one,” said Tokaji.

Professor Ned Foley was quoted in a Muslim News article on the impact new identification laws and restriction to early voting could have on voter turnout. “Rhetoric on both sides has been over stated,” Foley said. 

Professor Dan Tokaji was quoted in an article on CBS News discussing whether partisan officials should be in charge of election administration in the United States. "It's an inherent conflict of interest because you've got an umpire who's a betting stake in the game," Tokaji said. "We can't know for sure whether Katherine Harris made the decisions she made because that was her legitimate interpretation of the law or she wanted to help Bush win. But this is not just a problem of bad actors, this is the problem of an inherently unfair system."

Professor Ned Foley was quoted in a Huffington Post article looking into whether there will be an increase in provisional ballots during this election because of changes in voter laws. Provisional ballots take longer to count.  "Americans have gotten used to the expectation that you could turn on the TV and you would know that night who won the election, even after Florida in 2000," said Edward B. Foley, a law professor at Ohio State University. "But this could be an election in which we don't know the answer for several days."

Professor Dan Tokaji was quoted in a in an American Prospect article about partisianship in election administration. "This is a big part of the reason why we have such grave and serious complaints about our political process from people across the political spectrum," said Tokaji,. "People don't trust the partisan officials who are running our elections and not without good reason. Virtually all of our state authorities have a conflict of interest because they are party-affiliated."

Professor Ned Foley was quoted in a Toledo Blade article focusing on pending election lawsuits in Ohio and the likelihood of more lawsuits if the election is close.   “We see these lawsuits now. If it’s close, we’ll see these lawsuits later,"  he said. "I think that’s a question worth asking today.  Should you feel good about a win and should you really feel entitled to a win if the way in which you win is by disqualifying votes of valid voters? They went to the polling place. They had the right ID. They just by virtue of a mistake — and it might not have been their mistake. It might have been the poll worker’s mistake — they ended up with the wrong piece of paper."

Professor Dan Tokaji was quoted in a National Journal article about changes in election law, including voter identification laws, across the country and the impact those new laws may have on voter turnout. “We’re still figuring this out, and it will probably take social scientists years to do it because there are so many variables that affect turnout,” he said.

Professor Dan Tokaji was quoted in a Colorlines Magazine article on the Pennsylvania Supreme Court's ruling in the state's controversial voter identification law.  “I think this is quite right. “It shouldn’t be based on predictions of whether voters will or won’t get ID. The protection of the right to vote shouldn’t be a matter of guessing probabilities,” Tokaji said.

Professor Dan Tokaji was quoted in an Cleveland Plain Dealer article about Ohio Secretary of State John Husted, the recent judicial rulings against early voting restrictions, and Issue 2, which would revise how redistricting is conducted in Ohio. "Secretary Husted and his colleagues have put their own partisan self-interest ahead of their legal obligation [to] the Ohio voters," Tokaji said.

Professor Dan Tokaji was quoted in a Roll Call article about likely lawsuits that will arise on and after Election Day because of new voter id laws and restrictions in early voting. "If I had to boil it down to its essentials, it's access versus integrity, that's what these cases are about," Tokaji said. "It's a real worry that people who voted early four years ago won't be aware of the fact that the state has restricted early voting this time around."

Professor Dan Tokaji was quoted in the Daily Beast in an article about the rise in voter id laws.  “These courts smelled a rat,” said Tokaji, a professor of election law at Ohio State University’s Moritz School of Law. “State legislatures overplayed their hand and got greedy. It was transparent that the real reason for these changes was to make it difficult for some people to vote.”

Professor Ned Foley was quoted in a PolitiFact analysis of a statement by the American Civil Liberties Union that voter identification laws are essentially a modern-day poll tax.  "The U.S. Supreme Court has not definitely settled this debate, although its 2008 decision in the Indiana voter ID case suggests that the poll tax claim faces an uphill battle," said Edward Foley, executive director of an election law center at The Ohio State University’s Moritz College of Law.

Professor Dan Tokaji was quoted in a Columbus Business First article about Ohio Issue 2. The Ohio State Bar Association and a group of law professors are on opposite sides of the issue. Tokaji said it is unusual for the bar association to take a position on a state ballot issue, leaving some to wonder whether it is under political pressure.

Professor Edward Foley was quoted in an article in the Atlanta Journal Constitution about the impact of Georgia's strict voter identification law. "I think the rhetoric on both sides has been overstated. It hasn’t had the voter-suppressing effect that some people feared.” Foley said.

Professor Dan Tokaji was quoted in the Pittsburgh Post-Gazette in an article examining the role provisional ballots could play in the 2012 election.  "If you're worried about what is going to be the next Bush v. Gore, it's likely to be either provisional ballots or absentee ballots," he said. "Those can be the big things people can be expected to fight over in the event of a close election."

Professor Dan Tokaji was quoted in a Daily Beast article on an injunction issued by a U.S. district judge stopping the implementation of an Ohio  law that would have thrown out ballots cast when poll workers directed voters to the wrong precinct in voting places serving multiple precincts. More than 14,000 such ballots were rejected in Ohio in 2008. “From a common-sense perspective, it seems quite unfair to reject a vote because a poll worker made a mistake,” Tokaji said.

Professor Dan Tokaji was quoted in the Cleveland Plain Dealer in an article about Issue 2 in Ohio, which would create a commission that would handle redistricting in the future. A similar commission was created in California and some critics claim the California commission has not taken the politics out of redistricitng as promised.  “They’ve got all these perverse fantasies about what might happen with the citizens commission. None of them are nearly as bad as what actually happened in real life,” Tokaji said.

Professor Dan Tokaji was quoted in the Pittsburgh Post-Gazette in an article about the importance of provisional ballots in a close election.  "If you're worried about what is going to be the next Bush v. Gore, it's likely to be either provisional ballots or absentee ballots. Those can be the big things people can be expected to fight over in the event of a close election."

Professor Edward Foley was interviewed and quoted on NPR in a piece about the current pre-election litigation occuring in several battleground states.  "If there are going to be lawsuits, it's better to have them early rather than later. I think everybody knows that they are potential swing states in the presidential election. And the lawyers know that, and so they know which states might matter the most and where the voting rules might really make a difference," Foley said.
 

Professor Dan Tokaji was quoted in an NBCNews article discussing how many secretaries of states across the country have taken on a much more partisan and activist role than in the past.  The partisanship of secretaries of state in the role of chief election official “is an obvious conflict of interest between the essential obligation to serve all voters and their attachment to one of the major political parties,” Tokaji said.

Professor Dan Tokaji was quoted in an iWatch article about Secretaries of State leading the efforts to enact voter identification laws in many states.  The partisanship of secretaries of state in the role of chief election official “is an obvious conflict of interest between the essential obligation to serve all voters and their attachment to one of the major political parties,”  Tokaji said.

Professor Edward Foley was quoted in a Lawyers.com article, which was about Pennsylvania’s voter identification law being upheld by the Commonwealth Court.

“If it’s actually no burden to ask someone to show an ID, let the law be enforced for those to whom it’s no burden,” Foley said. “If you don’t have the right kind of ID, and you state the reason is you can’t get the official document because you’re indigent, and sign an affidavit that you are indigent, your vote will count. …I can’t say it’s great to vote a provisional ballot as opposed to a regular ballot, but they aren’t disenfranchised.”

Professor Ned Foley was quoted in an article by The Associated Press. The article regarded presidential campaigns and Ohio’s election law.

"Ohio is a repeat player in the election litigation business," Foley said. "Ohio matters and it stands to reason that the candidates are going to care more about the voting rules for a swing state."

Professor Daniel Tokaji was mentioned in a Bloomberg article about Pennsylvania’s voter ID law being upheld by the Commonwealth Court. The article noted Tokaji said, “The Pennsylvania ID debate is getting heightened attention because of the state’s swing status.”

Professor Daniel Tokaji was quoted in a MinnPost article about secretaries of state turning to activists.

“The past decade we have seen a lot of changes, many of them positive, but we really haven’t addressed this problem when it comes to how our elections are run,” Tokaji said.

The article was also published by Pine Tree Watchdog.

Professor Edward Foley was quoted by The Detroit News in an article that centered on extra concern about U.S. citizenship causing controversial confusion at voting polls. Foley said the 2002 Help America Vote Act deems all voters eligible to cast ballots.

“If voters go to the polls and say they believe they are entitled to vote then they should receive a provisional ballot no matter what," Foley said. "They can come in later with proof of citizenship.”

Professor Daniel Tokaji was quoted in an article by CNN about new voter ID laws delaying election results.

"Whenever you change the rules by enacting new laws, it triggers a round of litigation. I don't think we'll see an end to this anytime soon," Tokaji said. "It could come down to the states counting of absentee ballots. ... We could see a replay of the 2000 election, where we don't have a winner for weeks."

Professor Daniel Tokaji was quoted in a Lima News article about Voters First’s redistricting initiative being on the November ballet.

“We don’t have any truly nonpartisan institutions in the state. We had to create one, with the best means possible ensuring commissioners who wouldn’t be wolves in sheep’s clothing, partisans pretending to be nonpartisans,” Tokaji said. “We think we have a message that rings trues with voters. …Voters have an instinctive sense that the political process is not working, at least not working for them.”

Professor Daniel Tokaji was quoted in a Toledo Blade article about Voters First’s redistricting initiative qualifying for the November ballot.

"Today the politicians, lobbyists, and political insiders continued to divert attention from the need for redistricting reform," Tokaji said in regard to Protect Your Vote. "The opposition won't disclose its funders. They won't talk about the hundreds of thousands of Ohioans -- Republicans, Democrats, and independents -- who stand with Voters First because they want to take back the power from the politicians and return it to the people."

Professor Daniel Tokaji was quoted in an article by The News Leader, which centered on Voters First gathering enough signatures to get its redistricting initiative on November’s ballot.

"... The process we have now is a disaster," Tokaji said. "It is a process that rigs district lines in favor of politicians, lobbyists and their cronies, and the process that we have spent many months developing... we are confident is better than any one that has been tried or even proposed in any other state."

Professor Daniel Tokaji was quoted in a Toledo Blade article about Voters First having high hopes for its redistricting amendment to be on the November ballet.

"We know that politicians and their cronies are going to do everything that they can to stop us," Tokaji said. "No one fights harder or meaner than a politician determined to hold onto his own power."

Part of the article were also published by The Record Publishing Company.

Professor Daniel Tokaji was quoted in a New York Times article, which regarded flaws in the United States’ voting system.

“This has all become incredibly politicized in recent years,” Tokaji said. “If you go back in our history, you can find voter registration rules used to exclude blacks or immigrants from voting. But since 2000 it seems to have gotten worse. Both parties have realized that election administration rules can make the difference between victory and defeat in a close election. And unlike virtually every other country in the world, our systems are administered by partisan officials elected as candidates of their parties.”

Professor Daniel Tokaji was quoted in a Cleveland Palin Dealer article about Voters First working toward its redistricting initiative.

"Today the politicians, lobbyists and political insiders continued to divert attention from the need for redistricting reform. The last thing they want to talk about is their abuse of the redistricting process to protect themselves and their political cronies,” Tokaji said. “The opposition won't disclose its funders. They won't talk about the hundreds of thousands of Ohioans – Republicans, Democrats and Independents who stand with Voters First because they want to take back the power from the politicians and return it to the people."

Professor Daniel Tokaji was quoted in an article by the Dayton Daily News, which centered on Voters First spending more than $1.3 million toward its redistricting initiative, which has qualified to be on the November ballot.

“They want to run a campaign the same way they drew the district lines — in secret rooms without transparency, accountability or public input,” Tokaji said of Protect Your Vote. “We may never know the identity of the lobbyists and special interests behind their effort, because they will use every loophole to avoid disclosing their funders.”

Professor Edward Foley was quoted in a Cincinnati Enquirer article about voters’ ballots being discarded.

Foley equated developing an electoral process to “planning for hurricanes.” He said, “You need to build an election system that can withstand the unexpected, unusual event. …We’re not quite there yet in Ohio, and that’s what worries me. The fate of the nation could hang on provisional voting in Ohio. That’s rather unsettling.”

The article was later published by the Mansfield News Journal.

Professor Daniel Tokaji was quoted in an article by The Cleveland Plain Dealer about Ohio Secretary of State Jon Husted requesting access to a federal immigration database so that citizenship of voters may be verified this election

"There are likely to be many mistakes in any huge database and voters should not be denied the right to vote due to some bureaucrat's technical error," Tokaji said.

Professor Donald Tobin was quoted in an article by Forbes, which inquired about taxes and Mitt Romney’s investment into Rafalca, a horse to be rode by equestrian Jan Ebeling in the dressage competition at the London Olympics.

“My wife does dressage. We have a horse and we can’t deduct anything because it’s a hobby,’’ Tobin said. “When I’m doing something that’s just for fun and not intended to make money, why should other people be subsidizing it?”

Professor Daniel Tokaji was quoted in an Akron Beacon Journal article about Voters First still needing more signatures to get its redistricting initiative on the November ballot.

Tokaji said the group stopped getting signatures July 3, but “We are confident that we will be able to submit whatever number we need.” He also said, “This initiative [asks] to change politics as usual and create a political process in Ohio that is fair, accountable and transparent.”

Professor Daniel Tokaji was referenced in a Bloomberg article for noting in a previous interview, “Expanded early voting is perceived to have helped Democrats, especially Obama in 2008, more than Republicans.”

The article, which was also published inThe San Francisco Chronicle, centered on Obama for America deeming Ohio’s early vote law unconstitutional.

Professor Daniel Tokaji was on the Ohio News Network and quoted in an article about the Votes First Initiative being opposed by Ohio election officials, such as Rep. Secretary of State Jon Husted.

"It's not surprising that partisan politicians and party bosses are trying to hold onto their power," Tokaji said. "What the Voters First Initiative would install is a non-partisan independent citizens commission."

Professor Daniel Tokaji was quoted in a Cincinnati CityBeat article for his opposition to Ohio House Bill 369.

"This is not a Republican vs. Democrat issue. [Gerrymandering] has been done by both parties. The opposition has been trying to characterize this as a Democrat-led effort," Tokaji said. "You could throw a bucket of paint on the wall and it wouldn't be as ugly as these maps."

Professor Daniel Tokaji was quoted in The Columbus Dispatch in an article about Ohio’s redistricting amendment. The article also recognized him for backing Voters First Ohio, a coalition aiming to get district line-drawing not be done by partisan bosses.

“Everything we have done is to ensure we get fair district lines that aren’t biased in favor of any party or politician,” Tokaji said.

Professor Daniel Tokaji was quoted in The Cincinnati Enquirer in an article about ballot issues, including constitutional convention and redistricting, which Tokaji weighed in on.

“This is not a Democrat vs. Republican issue,” he said of redistricting. “This is an issue of we the people vs. the politicians.”

Professor Edward Foley was quoted in The Denver Post in an article regarding President Barack Obama’s campaign rallying thousands of lawyers to be on reserve for this year’s election due to rising legal disputes about the voting processn and, specifically, about new voter identification laws.

Foley said legal challenges are common before elections, but litigation has come much earlier this year. “We're in an era of increased litigiousness over the voting process," he said.

Professor Daniel Tokaji was quoted in an article by the Springfield News-Sun. The article centered on Democrats financing Sharen Neuhardt in an effort to beat her opponent, incumbent Mike Turner, who is the five-time United States congressman for the 10^th District of Ohio.

“I don’t think this is really a very competitive district, but it’s one of the closer ones we’ve got,” Tokaji said. “It’s one of the three closest (of 16 statewide), and that’s pathetic. There are basically no districts that are split down the middle between Republicans and Democrats.”

Professor Daniel Tokaji was quoted in an article by PolitiFact.com regarding Florida voting rights, specifically about residents submitting proof of citizenship.

"If voters, as a practical matter, are required to spend money out of their own pocket -- even a relatively small amount -- in order to prove their eligibility and therefore vote, then it's functionally equivalent to the poll tax," Tokaji said.

Professor David A. Goldberger was quoted in an article by the The Plain Dealer regarding PolitiFact Ohio’s take on Obamacare advertising.

Goldberger said he expects the Supreme Court to make a decision on the law by the end of June. "The impact of the decision is going to be deafening," Goldberger said. "Once the court rules, the winning side is going to use it as an argument that the law is inherently good or bad. There's going to be an avalanche. We've only scratched the surface."

Professor Edward Foley weighed in on an article in The Oshkosh Northwestern regarding voter fraud. Foley recommended using “electronic voting rolls” to prevent forgery.

Professor Dan Tokaji was recognized in The Lantern for co-creating a petition to remap Ohio’s congressional districts without partisan bias.

Professor Donald Tobin was quoted in an Alaska Dispatch article that analyzed whether the John Edwards case will affect campaign finance laws.

“If we lived in a different world and this money had gone to a nonconnected valid (super PAC), there would be no problem here,” Tobin said of Edwards’ association with super PACs. “This was not express advocacy. … It’s not electioneering, and it doesn’t even feel like a campaign contribution.”

The article was also published by MinnPost.

Professor Steven Davidoff was featured on a podcast by American Public Media. The podcast centered on Mitt Romney's favoring private equity. Davidoff said of the President Barack Obama attacking Romney’s ties to private equity, “Well it’s where the money is, right?”

Professor Ned Foley weighed in on a MinnPost article about Minnesota’s election system and its tendency to recount votes.

In the article, which reported Foley’s participation in a panel of election experts at the University of Minnesota’s Humphrey School, Foley commended Minnesota’s ability to recount and produce results that “had legitimacy” and “deserved public respect and trust.”

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, wrote a column about Google's new share class. The tech company created a nonvoting share class in order to give its founders tighter control of the company. They did this, they said, in order to "focus on the long term."

Davidoff said this could create a pattern: "In the meantime, one thing is certain. The clear trend in technology companies is to deny shareholders this choice and a real vote. In other words, expect more Google followers."

Professor Dan Tokaji, an expert in election law, was quoted by Examiner.com in an article discussing the complexity of Ohio election laws.

Tokaji, along with the League of Women Voters, believes that a moratorium is in order.

Professor Edward Foley was quoted in an article by Minnesota Public Radio pertaining to voter identification laws in that state. Minnesota is set to vote on an amendment to the state constitution in November to decide whether the voter IDs will be required.

The impact of the amendment is not yet known. Foley said initially the law would allow more people to vote, but the process would work better in theory than in practice because voters typically don't prove their identity after the election is over.

"That right very rarely gets exercised by voters," Foley said. "They watch the news at night, victory is declared for one candidate or another, or they don't have time to do it."

Professor Daniel Tokaji was quoted in an article in The Nation about the Department of Justice denying preclearance to a Texas law requiring, under Section 5 of the Voting Rights Acts, voters to present photo identification.

“Because Texas ID requirement would apply to federal elections, we don’t even need to get into the question of whether Section 5 falls within Congress’s Fourteenth and Fifteenth Amendment power,” Tokaji said.

Professor Donald Tobin weighed in on a National Public Radio article about the effects of super PACs on the 2012 GOP campaign, especially in regard to TV advertising. The article also ran online on Vermont Public Radio.

Tobin said, "One of the things that I think political scientists are going to look at is — is there a saturation point where you know there's just a law of diminishing returns ... you've reached everybody and they know your message and so shouting louder and longer doesn't necessarily help."

Professor Donald Tobin was quoted in a Huffington Post article about the IRS investigating whether Tea Party organizations and perhaps political groups actually qualify for tax exemptions under the 501(c) (4) designation.

"The idea is to get the proper information from the organization so you can make the proper decision," Tobin said.

Professor Dan Tokaji was quoted in the Wichita Eagle about the constitutional issues surrounding Kansas' new voter identification law.  Tokjai said the U. S. Supreme Court's ruling in Crawford stated only that Indiana law wasn’t unconstitutional on face value. “It’s still possible for individual voters – people who are really poor or homeless – to challenge its application in certain circumstances,” Tokjai said. “It would be misleading to say without qualification that Crawford means all these are constitutional.
“That’s an important qualification, one that I’m sure Secretary of State Kobach’s office would prefer to glide over. But it’s an important one for people who actually pay attention to what the law says.
“The question of whether these laws are constitutional, as applied to individuals burdened by them, is very much alive.”

Professor Dan Tokaji was quoted in a Cleveland Plain Dealer article about a group of citizens in Ohio that are working to change the redistricting process in the future. "Incumbent politicians have been drawing these lines to serve their own self-interests at the expense of the people's collective interest," said  Tokaji, one of the leaders of the coalition, which includes the League of Women Voters of Ohio and Common Cause Ohio. "We the people have to take back this power by seizing the pen away and drawing the districts ourselves."

Professor Donald Tobin was quoted by The Washington Post in an article about campaign finance and super PACs in the wake of the Citizens United ruling. A tax law expert, Tobin said political advocacy groups are taking advantage of a murky legal landscape between tax and election laws.

He argues that many of the social-welfare groups now spending big on campaigns are flouting the intent of tax laws, which did not envision groups formed solely to dance on the line between issue advocacy and direct participation in elections.

“There’s no way that Congress expected groups like Crossroads GPS to be social-welfare organizations,” Tobin said. “They used to be groups that were focused on social welfare and did a little politics on the side. This has turned that idea on its head.”

Professor Daniel Tokaji was quoted by The Plain Dealer in an article about Ohio Senate Republicans looking to change laws affecting the way elections are administered.

“There is no good reason for unsettling our election system, confusing poll workers, and making life more difficult for voters,” said Tokaji, a senior fellow at Election Law @ Moritz.

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz and the Robert M. Duncan/Jones Day Designated Professor of Law, was quoted in an article by Detroit alternative weekly Metro Times about super PACs and their involvement in buying advertising for the 2012 campaign.

In response to some groups' desire to change the First Amendment in such a way to ensure freedom of speech not apply to corporations, Tokaji deemed it a "well-intentioned but overly simplistic approach to the problem."

"There are real First Amendment interests at stake here," he said. "If you were to completely snuff out the corporate perspective from the debate, that would be a real problem."

Campaigns should be publicly funded instead, Tokaji argues.

Professor Dan Tokaji, an expert in election law, was quoted by NBC Politics on MSNBC.com in an article discussing a looming vote on Part 5 of the 1965 Voting Rights Act.

 “If I had to speculate on how this panel rules, I’d say they’d uphold section 5,” Tokaji said. “There’s a very good chance it will get to the Supreme Court.” 

Professor Daniel Tokaji was quoted by NBC Politics in an article regarding Congress’ possible renewing of section 5 of the 1965 Voting Rights Act. Under the section, some states and counties and townships in states must receive “preclearance” from the Justice Department to change any and all voting procedures.

“If I had to speculate on how this panel rules, I’d say they’d uphold section 5,” Tokaji said. “There’s a very good chance it will get to the Supreme Court.”

 

Professor Michelle Alexander's book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, was discussed in an article in the South Florida Times.

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted by The Birmingham News in an article about a local county's crusade to end 47 years of federal government oversight of its election returns.

Shelby County is hoping a federal appeals court will agree that the county no longer needs the U.S. Justice Department to approve changes in the ways elections are conducted because the area has progressed from its discriminatory past. It is unclear whether the case would be the vehicle with which justices of the U.S. Supreme Court would review the constitutionality of Section 5.

"I am reasonably confident they're going to take up the question of Section 5 constitutionality within the next few years," Tokaji said. "It could be Shelby County, it could be South Carolina, or some other."

Professor Daniel Tokaji was quoted in The Nation as agreeing with the U.S. Department of Justice’s decision to block a South Carolina law requiring voters to present photo identification. Takaji said, “If the effect is to make it more difficult for minorities to vote than was the case before, then the law presumptively violates the Voting Rights Act.”

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted in a Dix News Service article published by The-Daily-Record.com about a new ballot initiative that would make future congressional redistricting nonpartisan.

"The state legislature has left nothing but a big lump of coal in the stockings of all Ohio's citizens," Tokaji said. "And the only one with a gift under their tree this year are a few politicians and the party that is dominant in Ohio at the moment."

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted in a Dayton Daily News article about recent analysis surrounding Ohio's new congressional districts. Findings showed only three of 16 districts would be competitive under a new map signed into law by Gov. John Kasich.

Tokaji, a part of the Ohio Campaign for Accountable Redistricting, called the map “a disgrace to our democracy.” Besides not being competitive, the new districts aren’t compact and don’t respect community boundaries, Tokaji said.

Professor Daniel Tokaji was quoted by The Columbus Dispatch in an article about recent analysis surrounding Ohio's new congressional districts. Findings showed only three of 16 districts would be competitive under a new map signed into law by Gov. John Kasich.

Tokaji, a senior fellow at Election Law @ Moritz, said, “This is the worst example of elected officials serving their own craven partisan interests of anywhere in the country.”

Professor Daniel Tokaji was quoted by the Dayton Daily News in an article about two Ohio counties that are part of scant few "competitive" U.S. House districts under a new map designed by a Republican-controlled board. Montgomery, Greene, and part of Fayette County are part of the 10th District, according to the map. There are only three "competitive" districts based on recent analysis by the Ohio Campaign for Accountable Redistricting, of which Tokaji is part.

He called the map a “disgrace to our democracy” because of political gerrymandering.

Professer Daniel Tokaji was quoted by TheNation.com in an article discussing the lack of absentee voting in caucuses.

According to the author, only 6 percent of eligible Iowans voted in the Iowa caucus in 2004 while 30 percent voted in the primary.

“One group that’s sure to be adversely affected is people with disabilities who have difficulty travelling to the caucus site,” says Tokaji, an election law expert. “For some people with disabilities, voting by mail is much more convenient, if not essential.”

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted in an Associated Press article about an Ohio congressman's request to have a judge put contested GOP-drawn congressional lines into place immediately. The state Democratic Party is trying to put the map's fate before voters next year and has asked for a lawsuit by a Republican voter over the boundaries to be dropped, painting it as premature.

Tokaji, a redistricting expert, said having a judge implement the GOP-drawn lines would usurp Ohioans' right under the state constitution to challenge laws with which they don't agree. "The lawsuit seems to be the wrong relief here," he said.

The article was published by Ohio newspapers, including The Plain Dealer in Cleveland and The Crescent News in Defiance.

Professor Daniel Tokaji, senior fellow of Election Law @ Moritz, was quoted in an Examiner.com article about what Ohio Gov. John Kasich stands to lose in the Nov. 8 election, including the mandate he believes he has from voters to change collective bargaining rights for state workers.

"So much more is at stake beyond Issue 2 when voters go to poles on Tuesday,” Tokaji said, referring to election-law bills Kasich has signed into law this year.
 

Professor Daniel Tokaji was quoted by U.S. News and World Report in an article about voters ousting politicians and legislation that went to extremes. Tokaji, a senior fellow of Election Law @ Moritz, says it's important not to interpret the union win in Ohio over Republican Gov. John Kasich's proposal limiting public union rights as an endorsement of Democrats.

"I wouldn't use the election results in Ohio to predict an Obama victory in Ohio or elsewhere, but I do think that this is a good example of what can happen if one political party gets too greedy," he says. "It tends to trigger a backlash and right now Gov. John Kasich and Ohio's Republicans are licking their wounds."

Professors David Stebenne and Daniel Tokaji were quoted by The Lantern in a post-Election Day analysis about what the defeat of Issue 2 means for Ohio Gov. John Kasich and the 2012 presidential election year ahead.

"Issue 2 was the most extreme situation," Stebenne said. "We can't know for sure, but its rejection would hopefully mean all of its proponents, like Kasich, would regroup and propose something less drastic."

Tokaji, a senior fellow at Election Law @ Moritz, said the Issue 2 protestors are so proactive that it may affect the upcoming presidential elections. "Issue 2 has mobilized its progressives in the opposite direction," he said. "This could have major consequences for the 2012 presidential elections."

Stebenne said he had similar thoughts. "Everyone is looking to see what Ohio does in this election," Stebenne said. "The win is big for Obama. There has not been a Republican president to be re-elected who has not won Ohio."

Tokaji also said the loss will affect Republicans greatly. "What we saw tonight is Democrats used the ballot box to fight back against the Republicans who now dominate the legislature and the governor's office," he said. "They were able to rally up some people who felt very strongly about the issue and used it to their advantage."

Professor Daniel Tokaji, senior fellow of Election Law @ Moritz, was quoted by The Plain Dealer in Cleveland in an article about voters’ rebuking Ohio Gov. John Kasich’s move to limit collective bargaining rights for state employees.

"I think there is no question this is a major black eye for the governor," Tokaji said. "He made the scaling back of collective bargaining rights really the signature issue of the first part of his administration, so this is a huge blow.

"The implications are quite significant and they really go beyond this issue," Tokaji said. "It will be a sign of a re-emergence of the Democratic party which has used the referendum to fight back despite Republicans controlling state government."

Professor Daniel Tokaji was quoted by The Cincinnati Enquirer in an article about a juvenile judge race from 2011 that is still unresolved due to contested provisional ballots. Tokaji, a senior fellow at Election Law @ Moritz, called moves to curb provisional voting "a pathetic attempt to justify provisions that are likely to have vote suppressing effect."

"If you think we have equal protection issues now, they're going to increase" if proposed House Bill 194 goes into effect, he said. Tokaji also believes the law will result in more litigation over elections.

Professor Daniel Tokaji was quoted in an editorial by the Green Bay Press Gazette about a proposed bill that would exempt the Wisconsin Government Accountability Board administrative rules, including those covering recall elections, from Gov. Scott Walker's oversight before becoming policy. The board, which acts similarly to a board of elections, receives funding from the Legislature but is considered to operate independently.

The editorial grabbed a quote from Tokaji on the board's website: "The best American model is Wisconsin's Government Accountability Board, which consists of retired judges selected in a way that is designed to promote impartiality."

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted by The Associated Press in an article about a Clermont County lawsuit in which a Republican voter is suing the governor, state elections chief, and Legislature, alleging that Ohio's lack of a congressional map will render the 2012 unconstitutional. The plaintiff wants a judge in her county to draw up a new map. The piece was published in the Dayton Daily News.

Tokaji said the lawsuit appears to be an effort to ensure that any revised map remains favorable to Republicans. "It looks like a rat and smells like a rat. It has the marks of a collusive lawsuit brought by a Republican against Republicans in a court likely to tilt to Republican interests," he said.

Professor Charlie Wilson was listed in This Week Community Newspapers as one of four candidates vying to be elected on the Worthington Board of Education. The article noted Wilson had been appointed to the board five years ago.

Professor Edward Foley, director of Election Law @ Moritz, was quoted by the Toledo Blade in an article about the ongoing debate surrounding Ohio's congressional map. The map was recently redrawn by a Republican majority and roundly criticized by Democrats who are willing to put a referendum on next year's ballot. Because that is well after the the 2012 congressional elections would begin, the likelihood of a state or federal court intervening increases.

The judge or judges would have several options, including imposing their own map, he said, but don't expect the judge to draw his own. "He would probably appoint a special master, which has been done in the past. He will try to have a reputation of neutrality. He won't want to be seen favoring one party or the other when they do this," Foley said.

"The court may entertain submissions both from the parties and public," he said. "Once in this terrain, the court would have what are called equitable powers because this would be seen as an emergency situation where all bets are off."

Election Law @ Moritz was cited by The Star Press in Muncie, Ind. in an editorial about election laws that should be changed, including the suggestion that Indiana should take an idea from Ohio and require names appearing on ballots be rotated in regard to their position.

The newspaper's editorial board stated, "According to Election Law @ Moritz, part of the Moritz College of Law at The Ohio State University: 'Studies have shown that being the first candidate listed for a race can give a candidate a 2-3 percentage point advantage. Perhaps this benefit occurs because Americans tend to review most information in their lives in a top-to-bottom, left-to-right way, and -- especially in less-publicized races -- may simply decide that the first candidate is 'good enough' without reviewing the rest of the candidates.' "

Professor Charlie Wilson was quoted by The American Independent in an article about the future of public sector unions in Ohio should Senate Bill 5 not be repealed on Nov. 8 as voters cast their decisions related to Issue 2. The bill not only strips public-sector unions of virtually all of their power to bargain collectively, but it will also greatly diminish their political power and could result in their demise altogether, the article stated.

“There will be no public-sector unions in Ohio after a couple of years,” said Wilson, a labor and education law professor. “I don’t think under Senate Bill 5 there will be any benefits [in being in a union] for the simple reason that you can bargain all you want but management gets to call all the shots,” said Wilson. “I don’t think anybody is going to see any benefit in joining the union. They will be become effectively social clubs.”

Professor Daniel Tokaji was quoted by The Michigan Messenger in an about absentee voting reforms in Michigan that would allow citizens to vote absentee for any reason, provided they pick up those absentee ballots in person. Most states already have no-reason absentee voting, and most, if not all, allow people to request their ballots by mail, said Tokaji, a senior fellow with Election Law @ Moritz.

Requiring some people to pick up their ballots in person “significantly limits the utility of no reason absentee ballots,” he said, even if it does provide a safeguard against voting fraud. “I don’t want to present the misleading idea that voting fraud is common,” he said. “It’s not, but in those instances where voter fraud has been demonstrated it almost always involves absentee ballots.”

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted by Bloomberg News Service in an article that ran in Bloomberg Businessweek as well. The article was about a great-grandmother from Cincinnati whose statements for a political advertisement supporting the referendum of a state law that would imit collective bargaining for public employees was taken and used by the other side.

Whether the First Amendment protects the re-use of the footage isn’t clear, Tokaji said. “I don’t think this campaign ad is false,” he said. “The real question is whether it’s misleading, and that’s a question on which I think reasonable minds might differ.”

Professor Daniel Tokaji was quoted by The Plain Dealer in Cleveland in an article about Ohio Democrats' promise to collect enough signatures to block a new congressional map at the ballot in 2012.

If Republicans don't reach an agreement with Democrats on a new map, they likely would end up in federal court under a constitutional challenge, said Tojaki, an elections law expert and senior fellow at Election Law @ Moritz. "I think that is the most likely legal outcome assuming they gather enough signatures for a referendum," he said.

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted by The Associated Press in an article about Democrats demanding to know whether Republicans are willing to compromise on a new congressional district map for Ohio. The current map is on hold after an Ohio Supreme Court ruling finding that it is subject to possible repeal by voters.

Tokaji said it is very unlikely Ohio will enter the 2012 presidential election year wtihout congressional districts. If the state did nothing and left the old congressional districts in place - which were drawn using population counts from 2000 - Ohio would be in violation of the U.S. Constitution, he said.

When asked whether he thought candidates would end up having tor furn for all 16 congressional seats statewide without any districts in a free-for-all, he laughed and said, "I guess you could. I don't think there are any constitutional barriers."

Professor Daniel Tokaji was quoted by The Cincinnati Enquirer in an article about the Ohio Supreme Court's decision to allow Democrats to use a petition drive to stop the Republican congressional redistricting plan -- a move that some say will throw 2012 congressional elections into chaos. Tokaji, a senior fellow at Election Law @ Moritz, said he believes the Ohio Supreme Court was “dead-on right” in its decision.

“If there is anything surprising about this, it’s the fact the Republicans thought they could get around the possibility of having a referendum,” he said. “If there is chaos, it is entirely of the legislature’s making.”

Professors David A. Goldberger and Daniel Tokaji were quoted by The Associated Press in a wire story about deuling groups in the Issue 2 fight in Ohio using the same video clip of a Cincinnati great-grandmother to drum up support for their respective sides. The article was published by The Huffington Post, CBSNews.com, KRSO.com in Santa Rosa, Calif., andThe Republic in Columbus, Ind.

The controversy surrounds statements Marlene Quinn made for a political advertisement for We Are Ohio, the union-backed coalition fighting to repeal a law that would limit collective bargaining rights. Building a Better Ohio, a group defending the law, recut the footage for its own commercial, claiming the law will help, not hurt, firefighter staffing.

"I think her having thrown herself into the debate ... there's a First Amendment right to use her in response," Tojaki said.

Goldberger, agreed, saying as long as Building a Better Ohio used Quinn's image truthfully, the ad was fine.

"I don't think it's any different from her appearing in an interview and someone rerunning it on YouTube," Goldberger said.

However, in a letter to TV stations asking them to pull the ad, attorneys for We Are Ohio wrote that the way Quinn's image was used was "false and misleading." Goldberger said if a court or the Ohio Elections Commission decides that is true, Quinn could have grounds for a legal claim.

Professor Daniel Tokaji was quoted by PolicyMic.com in a piece about laws threatening gains in voter participation. Tokaji, a senior fellow at Election Law @ Moritz, said, “There is considerable evidence about who doesn’t have government-issued photo ID, which shows that certain groups – such as elderly, disabled, minority, and poor voters — are likely to be especially hard hit."

Professor Daniel Tokaji was quoted by The Cincinnati Enquirer in an article about a pro-Issue 2 political advertisement that used video footage of a great-grandmother who appeared in an ad for the other side.

Marlene Quinn initially taped an ad for We Are Ohio, a group against limiting collective bargaining for public employees. The Better Ohio campaign, which supports Ohio Senate Bill 5, asserts it has a legal right to use Quinn's image and voice because she went beyond talking about a personal issue and entered the political realm.

That may be true, said Tokaji, an elections law expert. He said the First Amendment’s protection of political speech is a “plausible argument” for allowing Better Ohio to use the material.

Acknowledging that the legal argument is a gray area because “there is not a lot of case law” specific to this kind of incident, Tokaji said, We Are Ohio would have to prove Better Ohio recklessly disregarded the truth. That’s a higher standard of proof than proving the ad is misleading, “which is in the eye of the beholder.”

 

Professor Ruth Colker was quoted by the Toledo Blade in an article about whether a state issue that would prevent leaders from implementing President Obama's health care law would withstand a U.S. Supreme Court ruling declaring the law constitutional. If the nation's high court decides Congress did not step beyond its authority in enacting the law, then even a state constitution can't stand in its way.

"You can't pick and choose federal statutes that you don't like," said Colker, a constitutional law expert. "We're a union."

Professor Dan Tokaji was quoted in the Cincinnati Enquirer about the initial redistricting plans proposed by Ohio Republicans. The plans from the Ohio Campaign for Accountable Redistricting are better, said Daniel P. Tokaji, an elections expert and professor at Ohio State University's Moritz College of Law. "In their fairness and competitiveness, these plans are demonstrably superior to the one that this board has released," he said in testimony to the board. Tokaji is not associated with the Ohio Campaign.

Professor Ruth Colker was quoted by The Cincinnati Enquirer in an article about how the outcome of Issue 3 likely will result in a court battle regardless of which side wins. If the amendment passes, opponents are likely to challenge it on grounds that state voters cannot refuse to follow a federal law. If the amendment fails, both sides will continue to argue in federal court over a key provision of the health care law that requires people to buy health insurance.

"This is sort of a waste of voters' time, because what the voters do won't matter," said Colker, a law professor who specializes in constitutional law. "People are wanting to express their opinion, but I'd say this is a symbolic gesture."

She said the most important fight is the one now under way in the federal courts over the so-called "individual mandate," which requires Americans to buy at least a basic health insurance policy.

Professor Dan Tokaji was quoted in an Associated Press article about a lawsuit filed by Ohio Democrats over a last-minute legislative maneuver by Republicans to shield Ohio's new congressional map from ballot challenge. Ohio State University law professor Dan Tokaji has said the Supreme Court ruled in 2009 that only the appropriation portion of an appropriation bill is safe from voter repeal, not the rest of the legislation.

Professor Dan Tokaji was quoted in a Dayton Daily News article about the release of Ohio's new congressional map. Dan Tokaji, a professor at the Moritz College of Law at Ohio State University, called the map “a classic partisan gerrymander.” “They’ve packed Democrats tightly into a few districts and given Republicans a solid majority in most of the rest,” said Tokaji, an expert in election law and an advocate for redistricting reform. But, he said, Democrats have been “as guilty at gerrymandering in the past.” “Democratic oxes are being gored now,” Tokaji said. “This should teach us all that we need redistricting reform. We need to put control in the hands of people without a vested interest in the result.”

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about a possible lawsuits by Ohio Democrats over a Republican plan to redraw House and Senate districts. Daniel P. Tokaji, an elections expert and professor at Ohio State University's Moritz College of Law, said the board's process is defective because it "has left precious little time for people to analyze the plans, much less assess any potential violations of federal or state law." He told the board, "The role of government is to serve the interest of the people, not the self-interest of incumbents or the party in power.... The people of Ohio should have a meaningful say - and I emphasize the word 'meaningful' - in the lines that will so deeply affect our fundamental right to vote."

Professor Daniel Tokaji was quoted by the Dayton Daily News in an article discussing Speaker of the House John Boehner's wider constituency following Ohio's redistricting. According to the article, Dayton's black community was split, which may have been a way for Republicans to protect their seats.

Tokaji said that contesting the split was going to be a dificult argument.

“You’ve got to be sufficiently concentrated so that you can draw a compact district with a majority of African-Americans or whatever the minority group in question is,” he said.

Professor Daniel P. Tokaji was quoted by Bloomberg in an article discussing laws pertaining to electoral votes. According to the article, Pennsylvania Republicans are fighting to eliminate the winner-take-all system for electoral votes.

Pennsylvania has picked a Democratic candidate in each of the past five races, and eliminating the winner-take-all system would likely assure the Republican candidate of at least some votes because of the way some boundaries within the state are drawn to preserve party dominance.

“They’re all motivated by the same agenda to increase Republican share and representation,” said Tokaji, a senior fellow with the Election Law @ Moritz center.

Professor Daniel Tokaji was quoted by TheNews-Messenger.com in an article discussing the legality of a maneuver that protects the Republican-drawn congressional map from the possibility of a repeal by voters.

Tokaji said he thinks the redistricting plan is subject to voter referendum.

"I would expect in pretty short order litigation to that precise questions, specifically litigation to force Secretary (of State Jon) Husted to allow a referendum on the redistricting plan. I'd be really surprised if that didn't happen," Tokaji said.

Professor Daniel Tokaji was quoted by Bloomberg Businessweek in an article about Republicans in Pennsylvania trying to eliminate the winner-take-all system for electoral votes. The move might boost their presidential candidate’s chances in a state that picked the Democrat in the past five races and comes as Republicans across the country are fighting to tighten voting rules.

“They’re all motivated by the same agenda to increase Republican share and representation,” said Tokaji, senior fellow of Election Law @ Moritz.

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted by The Associated Press in an article that was published in the Mansfield News Journal and other papers around the state. The piece was about a maneuver by state lawmakers that would protect a Republican-drawn congressional map from the possibility of repeal.

"It seems to me that the bottom line is the redistricting plan is subject to referendum (voter repeal)," Tokaji said. "I would expect in pretty short order litigation to that precise question, specifically litigation to force Secretary (of State Jon) Husted to allow a referendum on the redistricting plan. I'd be really surprised if that didn't happen."

Professor Daniel Tokaji was quoted by the Dayton Daily News in an article regarding Kasich's plan to OK the congressional redistricting plan. The plan is likely to meet a legal battle, according to the article.

Tokaji, a voting law expert, said issues that could be raised include possible violations of the 1965 federal Voting Rigths Act and the equal protection clause of the U.S. Constitution.

Professor Steven Huefner was quoted by The Cincinnati Enquirer about legal experts' analysis that November's ballot issue to halt Cincinnati's streetcar plan until 2020 is written so broadly it could stop other rail projects in the city. "It would halt any streetcar project for the next decade, not limited to the current city plan," said Huefner, senior fellow of Election Law @ Moritz. "You could target this more narrowly to a very specific current plan, but that would make it a little more tricky to draft because the city could make small changes to side-step the amendment."

Professor Daniel Tokaji was quoted in The Cleveland Plain Dealer in an article discussing former Democratic congressman Louis Stokes' support of the new look of Ohio's 11th congressional district.

Tokaji said the district is "a classic partisan gerrymander" and is drawn to make race a predominant factor, which will likely draw the attention of the Supreme Court.

"Fifty-percent plus one is not the standard of the Voting Rights Act. The standard is the opportunity to elect representatives who are minority," Tokaji said. "And it is quite possible that an African-American candidate of choice can be elected from a district that is 48 percent African-American."

Professor Daniel Tokaji was quoted by the Toledo Blade in an article about congressional districts drawn in a new map proposed by House Republicans. Tokaji, a senior fellow at Election Law @ Moritz, said, "This proposed plan has all the earmarks of the partisan gerrymander, and I would be shocked if it were not challenged."

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was interviewed as part of a segment on All Sides with Ann Fisher on WOSU. Among other points, Tokaji talked about when the law would go into effect.

Professor Daniel Tokaji was quoted by The Associated Press in an article that was published by the Dayton Daily News and other subscribers regarding new U.S. House districts proposed by Ohio Republicans. Tokaji, a senior fellow at Election Law @ Moritz, said the process was anything but transparent and the proposed plan had all of the hallmarks of a partisan gerrymander. "Put simply, that's no way to run a railroad," Tokaji said. "It is the people of Ohio who are being railroaded under the current process."

Professor Daniel Tokaji was quoted by The Plain Dealer blog PolitiFact Ohio in its examination of a statement made by Rep. Marcia Fudge in regard to a sweeping election reform bill, H.B. 194. Tokaji, a senior fellow at Election Law @ Moritz, explained the various parts of the bill.

"The bottom line is that in some, but not all, circumstances, a ballot which has both a mark and the name of the candidate written in should be counted. Which is, of course, not to say that it will in fact be counted," Tokaji stated.

Professor Daniel Tokaji was quoted by The Columbus Dispatch in an article about the fairness of sharing redistricting maps with the public far enough in advance of the Ohio Apportionment Board's Oct. 1 vote. A constitutional-law professor and election-law expert, Tokaji said that taking public comments before the maps are released in late September is not good enough.

“It’s essential to have a fair, open and transparent process for drawing district lines,” Tokaji said. He added that a few days at the end of September “is simply not enough time for those who care about how our district lines are drawn to review the proposed plans before they are voted on."

Professor Daniel Tokaji was quoted by The Plain Dealer in an article about the showdown over processing absentee ballots in Cuyahoga County sent through the mail. The county's executive, a Democrat, announced that his office would pay for mass mailings to voters when Secretary of State Jon Husted, a Republican, banned boards of elections from sending them.

Tokaji, an election law expert, said Husted has authority over the state’s boards of elections, but not over other county officials such as FitzGerald. Tokaji added that a lawsuit could be filed in an attempt to stop FitzGerald from sending out the ballot applications, but he didn't think an argument about keeping voting standardized statewide would prevail.

“Sometimes non-uniform treatment actually promotes equality,” Tokaji said. “There’s a really strong argument that sending out absentee ballots promotes equality even if other counties aren’t doing the same thing.”

Professor Daniel Tokaji was interviewed by Bloomberg News Service for an article about the flurry of activity in passing election laws nationally. With Republicans taking control of most U.S. capitols this year and a presidential race looming, states have passed the most election-related laws since 2003 in a push to tighten voting rules. Expanded early voting is perceived to have helped Democrats, especially Obama in 2008, more than Republicans, said Tokaji, associate director of Election Law @ Moritz.

Professor Michelle Alexander was referenced in a blog posting by Mansfield Frazier for The Crime Report, a news service covering criminal justice in the U.S. and abroad. "Ohio State University law professor Michelle Alexander, in her brilliant 2010 book 'The New Jim Crow,' graphically details how the law was used take away the vote from African Americans by criminalizing them, and how the doors to the Court House were then slammed shut to prevent redress."

Professor Daniel Tokaji was quoted by PolitiFact.com in a piece assessing the validity of a statistic Congresswoman Marcia Fudge made pertaining to voters without a government-issued ID. Tokaji, an Election Law @ Moritz senior fellow, said he thought the figure she used from a 2006 survey conducted by the Brennan Center for Justice was "in the ballpark," in addition to citing another valuable study on voter ID laws.

Professor Daniel Tokaji was quoted by The Plain Dealer in Cleveland in an article about the shaping of new districts in Ohio following the most recent census. "I'm not expecting any new Republican districts, I'd look for a lot of safer Republicans districts and by extension safer Democratic districts," he said. "They will likely all be less competitive."

Professor Daniel Tokaji was quoted by The Washington Times in an article about outrageous spending in Wisconsin campaigns by outside entities. “I can’t tell whether it was intentionally misleading or just incorrect info. It’s very troubling when an outside group is sending out materials that may cause votes to not be counted," he said, after examining a flier at the center of voter suppression complaints.

Professor Daniel Tokaji was quoted by The Columbus Dispatch about an Ohio ballot measure that would abolish the controversial federal health-care mandate and what it would actually do, if passed. Tokaji, a constitutional expert, said the proposal’s “legal impact can be summed up in one word: zero.”

Election Law @ Moritz was cited by The Repository, the daily newspaper serving the Canton area, in an article about a proposal that would have required Ohio voters to show photo identification at the polls. "Ohio isn’t the only state to toy with the idea of requiring voters to present photo identification. Seven states already have such provisions in their laws, according to the Ohio State University Moritz College of Law, which gathers data nationally on election law," the article states.

Professor Daniel Tokaji was quoted by The Columbus Dispatch and other various news outlets about a bill that would require Ohio voters to have a state-issued driver's license or photo ID. The Dispatch reported there are discrepancies between the number of IDs and voters on record. Tokaji, who specializes in election administration, said there are several reasons there could be more licenses than people: The BMV could be double-counting some people who have multiple licenses, such as motorcycle licenses; many people with Ohio IDs have recently left the state in search of work; or the census is undercounting the true Ohio population. "It's just not possible that every citizen in Ohio has a driver's license," Tokaji said. "We may not know exactly how many don't, but we know that it's not the case."

Professor Daniel Tokaji was quoted by The Columbus Dispatch in an article from the first public hearing on the map-drawing process for redistricting, held by an Ohio House and Senate committee traveling the state for feedback. "What can and should be avoided is a process in which a map is rammed down the public's throat with little or no meaningful opportunity for public comment," saidTokaji, an expert on election law.

Professor Daniel Tokaji, an election law expert, was quoted in a Columbus Dispatch article about a competition allowing Ohio residents to draw their own redistricting maps. Tokaji said that, unlike people in his profession, many voters aren't in the know about redistricting. This contest, he said, is their chance to get involved and for "the people to take back the reins of power, whatever their political beliefs."

The Election Law @ Moritz program was quoted in an Associated Press article about the request of 16 democratic senators to the U.S. Department of Justice to look into whether voting rights are being jeopardized by the recent surge in the number of states requiring a photo ID to vote. Election Law @ Moritz provided background and statistics for the article.

Professor Dan Tokaji was mentioned in an article on the PBS Show Need to Know about a delay in a vote proposing a new voter ID law for Ohio.   Election law expert Daniel Tokaji told Need to Know that he fears these changes will cause confusion on Election Day. “Let’s bear in mind, most of this stuff is going under the radar,” Tokaji said. “What’s likely to happen is that a lot of voters are going to show up at the polling place at their primaries in 2012, or in November 2012, and find, to their dismay, that the rules have changed and that it’s going to be more difficult to vote and have one’s vote counted.”

Professor Dan Tokaji was quoted in the Mansfield News-Herald and dozens of other newspapers about the postponement of a bill in the Ohio Senate that would require all voters to present a photo ID at the polls. “It would be a terrible mistake, one that would surely haunt our state for years to come, if this bill were enacted into law,” said Ohio State University election law professor Dan Tokaji. “Simply put, HB 159 would make it more difficult for eligible citizens to vote and have their votes counted, while doing nothing to address electoral integrity.”

 

Professor Dan Tokaji was quoted in the Zanesville Times Recorder and other newspapers about the partisan tone of many recent or pending election administration issues.  "You don't need to be an elections law professor to know what is going on here," Tokaji said. "It's a power grab, pure and simple. It's Republicans trying to hold down the Democratic vote."

Professor Dan Tokaji was quoted in The Examiner about a potential lawsuit that will be filed by the Ohio ACLU if bill is passed in the Ohio legislature that would require voters to show a photo ID at the polls.  Dan Tokaji, an OSU law professor whose expertise is in voting rights and voting technology among other areas of study, offered his comments on the bill, on which he offered testimony. "If the bill passes in its present form, I think there’s a strong chance of a lawsuit succeeding," he said. "The bill doesn’t have the same protections for indigent voters and those with ID as the laws that were upheld in Indiana and Georgia. It’s also vulnerable to a lawsuit claiming that it’s racially discriminatory under the Voting Rights Act, which prohibits practices having a discriminatory RESULT, not just those motivated by discriminatory intent."

Professor Dan Tokaji was quoted in an article in the Springfield News-Sun about the removal of a voter photo ID provision from an elections reform bill in the Ohio Senate. The article said: "Ohio State University law professor Daniel Tokaji, an elections law expert, said there is no evidence that Ohio has problems with voter impersonation at the polls. In his research, he said he found only one instance of voter impersonation in Ohio over the past 10 years and it involved an absentee voter."

Professor Dan Tokaji was quoted in the Columbus Dispatch in an article about the Ohio Senate's decision to put a controversial voter photo ID requirement in separate legislation. "You don't have to be a law professor to figure out what's going on here," Tokaji said. "This is a power grab. It is a transparent effort by Republicans to make it more difficult to vote."

Professor Dan Tokaji was on the PBS Show Need to Know discussing a new proposed voter photo ID law in Ohio.

Professor Dan Tokaji was quoted in the Jewish Times of South Jersey in a column about the passage of strict voter photo ID laws in several states. Daniel Tokaji, a law professor at Ohio State University and an expert in election law, said that the changes are likely to affect close elections. “Remarkably, most of the significant changes are going under the radar. A lot of voters are going to be surprised and dismayed when they go to their polling places and find that the rules have changed.”

Professor Dan Tokaji was quoted in a Newsmax article regarding the GOP's efforts to stiffen voter identification laws across the country. State Republicans have long attempted to legislate photo identification requirements and other changes, said Tokaji, a law professor at Ohio State University and an expert in election law. Previous bills were largely derailed after the Bush administration fired several United States attorneys whom Republicans had criticized for failing to aggressively investigate voter fraud, according to the Times.

“That’s what really killed the momentum of more states’ enacting voter ID laws,” Tokaji said. “Now with the last elections, with the strong Republican majorities in a lot of states, we’re seeing a rejuvenation of the effort.”



 

Professor Dan Tokaji was quoted in a New York Times article about the push in 13 states with Republican-controlled statehouses to reduce the number of days in early voting, tighten voter registration rules, and require photo identification at polling places. The article said: Republicans have tried for years to get photo identification requirements and other changes through legislatures, said Daniel Tokaji, a law professor at Ohio State University and an expert in election law. Similar bills were introduced over the past decade, but were largely derailed in the aftermath of a political battle over the Bush administration’s firing of several United States attorneys whom Republicans had criticized for failing to aggressively investigate voter fraud.

“That’s what really killed the momentum of more states’ enacting voter ID laws,” Mr. Tokaji said. “Now with the last elections, with the strong Republican majorities in a lot of states, we’re seeing a rejuvenation of the effort.”

Professor Donald B. Tobin was quoted on a Center for Responsive Politics blog about the possibility of tax-exempt 501(c)(4) organizations having their status revoked for intervening in political campaigns. "Lots and lots of things that would not be considered 'express advocacy' by the FEC, the IRS would consider intervention in a political campaign," Tobin said.

 

Professor Dan Tokaji was quoted in an MSNBC story about the effect new voter identification laws could have on voter turnout. “It’s very difficult to trace the precise effect of ID laws on actual turnout, since there are so many things that can affect participation,” said Daniel Tokaji, an election law expert at Ohio State University’s Moritz College of Law. But, he said “there is considerable evidence about who doesn’t have government-issued photo ID, which shows that certain groups – such as elderly, disabled, minority, and poor voters — are likely to be especially hard hit.”

Tokaji said the bill passed by the Ohio House to require photo ID for voters “adds to the individual costs of voting — both in terms of money and time — with the ultimate result of reducing participation by the Democratic-leaning voters who don't already have the required ID. It's certainly no accident that student ID, even from a state school, is left off the list."

However, unlike the Ohio House bill, Wisconsin's law would allow students wanting to vote to use a valid identification card issued by a university or college in Wisconsin, or allow a person to obtain a free state ID if he cannot afford the fee.

But Tokaji said the Republicans are aiming at the wrong target. Most documented vote fraud involves mail-in absentee ballots — and yet the proposed Ohio legislation does not address that problem. “This reveals that the issue of voter fraud is a red herring — especially when one considers the utter lack of evidence that voter impersonation at the polls is a significant problem,” he said.

Professor Dan Tokaji was quoted in a Cincinnati City Beat article regarding a push for stronger voter identification law in Ohio.  “Provisions of this bill will upset the stability of our election system and make it more difficult for eligible citizens to vote and have their vote counted,” says Daniel P. Tokaji, a professor with the Ohio State University’s Election Law @ Moritz project. “House Bill 194 will result in years of controversy, litigation and confusion for the state of Ohio, at a time when Ohio’s election system is functioning better than it did in 2004. The net effect of the bill would be to make our election system worse than better.”

Professor Dan Tokaji was quoted in the Cleveland Plain Dealer about an Ohio campaign finance law barring Medicaid providers from  giving to campaigns for attorney general or county prosecutor and whether Mike DeWine, current Ohio Attorney General, broke that law because of his stock interests in Walmart, CVS, Kroger. Daniel Tokaji, a professor of law at Ohio State's Moritz College of Law, called the move to draw DeWine into the case "procedural skirmishing" but said it does speak to whether the law is drawn too broadly. While Tokaji doesn't think "it's too far-flung an interpretation" to apply the law to DeWine or other holders of stock in corporations such as Wal-Mart, CVS or Walgreens, he said there is a matter of greater concern. "There is a bigger issue here which is whether singling out this particular group of contributors -- namely Medicaid providers -- is constitutionally permissible," Tokaji said. "I think the state has to come with some stronger evidence that contributions from this group have led to corruption than what I've seen in the record."

Professor Donald B. Tobin was quoted in the New York Times, MSNBC.com, and other media outlets about the possibility the IRS may tax political contributions to certain types of organizations. “There are a whole heck of a lot of people misusing (c)(4) groups as a means of getting around campaign finance regulations, and we lack a coherent system of laws to deal with that,” said Donald B. Tobin, a legal expert on campaign finance and tax laws at the Moritz College of Law at Ohio State University. “Now here’s a stick, frankly, that says there are consequences for doing that.”

Professor Donald B. Tobin was quoted in Business Week about the increase in unidentified donors contributing money to state judicial races.  Anonymous contributions are legal in both Michigan and Ohio—and that's the problem, says Donald B. Tobin, a professor at the Ohio State University Moritz College of Law who specializes in campaign finance. "Whenever you have a lack of disclosure, you have a feeling of corruption or the feeling that you're not getting a fair day in court."

Professor Donald B. Tobin was quoted on MSNBC in an article about political ads run by 501(c)(4) nonprofit organizations.  “The problem with highly connected people like Karl Rove or Bill Burton forming these groups is it is hard to believe that successful politicians will have no idea who gave to the independent organizations," Tobin said. He continued, "but that doesn’t mean that a successful president will not know who his friends are. “This clearly raises significant concerns regarding the corruption of money and politics. You have situations where donors and candidates know of the support but no one else. Large, secret, contributions are a recipe for abuse and corruption.”

Professor Donald B. Tobin was quoted in an MSNBC article about the top five stories to watch for in the upcoming presidential election. Under number four, New Channels for Money, the story said: "Donald Tobin, an expert on the intersection of tax law and campaign finance law and a professor at Ohio State University’s Moritz College of Law, predicts 'an amazing explosion of these 501c4s in 2012.'”

Professor Daniel P. Tokaji was invited by CNN to write and opinion piece on the legalities of so-called "birther bills" that require presidential candidates to prove citizenship before they can appear on a ballot in a state. "States have the power to determine whether presidential candidates are qualified to serve. They don't have the power to impose new requirements that would keep qualified candidates off the ballot. Imposing additional qualifications would violate Article II of the Constitution," Tokaji wrote.

Professor Ruth Colker was quoted in the Cleveland Plain Dealer in a post focusing on Ohio House Bill 159, which would require all voters to show a state-issued photo ID in order to vote. "No one has raised a single example of an incident of voter fraud in Ohio that was not prevented under current law but would have been prevented if HB 159 were in effect," wrote Colker.

Professor Dan Tokaji was quoted in the Examiner about a recent proposal by the Ohio Secretary of State to provide grants to improve accessibility to and participation in the election process for individuals with disabilities.  Tokaji provided extensive comments related to HAVA - the Help America Vote Act - and common barriers those with disabilities face when trying to vote.

Professor Dan Tokaji was quoted in dozens of publications, including the Salt Lake City Tribune, Fox News, and St. Paul Pioneer Press, about the Arizona legislature's bill requiring all Presidential candidates to prove their citizenship before their names can appear on the ballot.  The article said: Daniel Tokaji, an election law expert at Ohio State University's law school, said he doesn't think the bill on its face conflicts with federal law. But he said a court might find its application unconstitutional. "I think the state of Arizona, like any other state, is entitled to formulate rules to ensure that candidates whose name appear on the ballot are in fact qualified," Tokaji said.

Professor Ned Foley was quoted in a Ballot Access News article about the Hamilton County Board of Elections request in the U.S. Supreme Court to stay an order by the U.S. Sixth Circuit Court of Appeals requiring certain provisional ballots from a November 2010 judicial election to be counted. The article said: "The brief also points out that election law professor Ned Foley wrote recently that this case is the most significant instance so far in which a lower court has depended on Bush v Gore."

Professor Howard Fink wrote an opinion editorial in the Tampa Tribune arguing in favor of the Electoral College.  Fink argued that the Electoral College provides stability when elections are close and waiting for a nationwide recount would be chaotic.

Professor Daniel P. Tokaji was quoted in the Cleveland Plain Dealer's PolitiFact Ohio column about whether a voter ID law in Georgia, which is similar to one proposed in Ohio, affected voter turnout. "It's an obviously specious argument," said law professor Daniel Tokaji, associate director of Ohio State University's Election Law @ Moritz project, who testified against the photo-ID bill. "A lot of things affect turnout. The last two election cycles are ones in which the Democratic base has been extraordinarily motivated."

 

Professor Ruth Colker wrote an op-ed in the Cleveland Plain Dealer regarding Ohio House Bill 159, which would require voters to show a state-issued photo id at the polls prior to voting. "HB 159 would disenfranchise many voters, in particular the young and the elderly, and is a waste of resources at a time when our state is struggling financially," Colker wrote.

Professor Ruth Colker was interviewed by KPKF Pacifica Radio regarding Ohio House Bill 159, which would significantly change Ohio's voter identification law.  Colker discussed the bill's impact on both young and old citizens as well as economic consequences. 

Professor Ruth Colker published an op-ed in the Columbus Dispatch regarding Ohio House Bill 159, which would change Ohio's voter identifcation law. Colker strongly advocated against the bill, arguing it would disenfranchise both young and old voters.

Professor Daniel P. Tokaji was quoted in a Toledo Blade article on the counting of provisional ballots in the November race for Lucas County Commissioner. The article said: "A widely respected election-law expert contacted by The Blade, Daniel Tokaji of the Ohio State University Moritz College of Law, said: 'It seems to me there were some interesting questions of law that could have reasonably been decided both ways.' Still, he said Ohio courts have a history of erring on the side of the voter when the flaw can be blamed on a mistake by an election worker. 'I think the lesson for candidates in the future is if you've got a strong case for not counting certain ballots, get judicial action before the ballots are counted. It's hard to put the genie back in the bottle,' Mr. Tokaji said."
 

Professor Daniel P. Tokaji was quoted in an OpEdNews.com and The Free Press column regarding an proposed new voter identification law in Ohio. The article said, "Usually cautious critics like Dan Tokaji, Professor of Law at Ohio State's Moritz College of Law, offered dire assessments: 'Disenfranchisement' isn't a word to be used lightly. But it is necessary to capture this bill's purpose and impact. Passage of this bill would restore our state's unfortunate reputation as our nation's capital of vote suppression.'"

 

Professor Dan Tokaji was quoted in the Springfield News-Sun about an Ohio House bill that would require voters to show a photo ID at polling places. The article said:  Daniel Tokaji, associate director of Ohio State University’s Election Law @ Moritz project, said the bill “would make it more difficult for eligible citizens to vote and have their votes counted, while doing nothing to promote electoral integrity.”

Professor Dan Tokaji was quoted in a Columbus Dispatch story about a bill moving through the Ohio House of Representatives that would require voters to show a photo ID before voting. The story states: “In written testimony to the committee, Daniel Tokaji, associate director of Ohio State University's Election Law @ Moritz project, said the bill ‘would do much harm and no good.’ It ‘would make it more difficult for eligible citizens to vote and have their votes counted, while doing nothing to promote electoral integrity.’”

Professor Dan Tokaji was quoted in an Examiner article about the Ohio Fair and Secure Elections Act bill, which would require voters to show a photo ID at the polls in order to vote. Tokaji was quoted extensively and said, "Sadly, this appears to be its only real purpose. Its passage would be yet another great embarrassment for our state."

Professor Edward Foley was quoted in an Associated Press story about the Illinois' highest court putting Rahm Emanuel back in the race for Chicago mayor. The story states: “But Edward Foley, a law professor at Ohio State University, said the high court ruling made sense. ‘This wasn't a slam-dunk for Emanuel going in," he said. "But it shows the justices saw the appellate court ruling as a hiccup.’ When faced with an ambiguity in election law, he said, the justices ‘decided that you want to err on the side of letting voters vote for candidates that they want to.’”

Professor Edward Foley was quoted in an Associated Press story about Rahm Emanuel running for Chicago mayor. The story states: “Edward Foley, a law professor at Ohio State University who heads the school's election law program, said the court's decision to disregard intent was striking. ‘There is a general theme in election law that when in doubt, you err on the side of democracy,’ he said. ‘If there is any doubt about the understanding of the statute, you interpret it so that you let the voters decide.’”

Professor Charles Wilson was mentioned in an Island Packet story about the U.S. Supreme Court ruling in the case of Citizens United v. Federal Election Commission that ruled that corporations and labor unions, in accordance with the First Amendment, can give unrestricted amounts of money to political campaigns. The story states: “Many states have growing deficits and reduced tax revenues. State officials are wrestling with ways to curb salaries and pensions of government employees, funds that make up a large part of their budgets. Republican lawmakers in 16 states are considering a law that would require each worker to approve the use of any union dues before it could be spent for political purposes. According to Charles Wilson, a law professor at Ohio State University, if this happened, it would be the end of the American union movement.”

Professor Edward Foley was quoted in a Cincinnati Enquirer story about a federal judge ordering Hamilton County election officials to count more than 150 disputed ballots in the race for juvenile court judge. The story states: “‘It’s important for this election, but it’s also important for setting the legal terrain for what might happen to the law in 2012,’ said Edward Foley, director of the election law program at Ohio State University. “The answer to the equal protection question in this case will be an important precedent.’”

Professor Edward Foley was recently quoted in a Stateline story about Kris Kobach and Scott Gessler preparing to take office as secretary of state for Kansas and Colorado, respectively. The story states: “But voters seem to have an allergic reaction to making elected positions into appointed ones, in the view of Edward B. Foley, an Ohio State University law professor who specializes in election law: ‘Voters say, ‘Hey, I trust myself — I want this to be an elected office.’’”

Professor Daniel Tokaji was recently quoted in an Examiner.com story about a set of approved permanent rules designed to address the impact of the "Citizens United" case in, which Ohio may raise Constitutional issues and have a big loophole in them. The story states: “Tokaji, a reliable and recognized expert in election law, civil rights, and federal courts who has litigated numerous civil rights and election law cases, cautioned upon review of the new rules that the big loophole he saw ‘is that for-profit corporations may be able to funnel money through another organization, and thereby prevent the public from following the money.’”

Professor Daniel Tokaji was recently mentioned in a press release about a festschrift honoring Daniel H. Lowenstein in the current issue of Election Law Journal. The story states: “A host of legal luminaries feted Lowenstein at a day-long conference earlier this year, sponsored by Election Law Journal and UCLA School of Law. Their presentations are published in the current issue of the Journal, and the last issue to be co-edited by Lowenstein and co-Founding Editor Richard Hasen, from Loyola Law School, who will hand over the editorial reins of the newly named Election Law Journal: Rules, Politics, and Policy to Paul Gronke, Professor of Political Science at Reed College, and Daniel Tokaji, Professor of Law at The Ohio State University, Moritz College of Law.”

Professor Edward Foley was quoted in a Politics in Minnesota story about Republican Tom emmer conceding the Minnesota governor’s race to DFLer Mark Dayton. The story states: “‘I haven’t seen anything that has suggested we’re not at the end of the road,’ he said after reviewing the opinion. ‘Every election has a losing candidate. Someone has to lose. At some point it’s over when it’s over; you can’t simply say ‘I wanted to win’ and go to court.’”

Professor Ned Foley was recently quoted in a Minneapolis Star-Tribune story about Republican Tom Emmer being expected to concede the Minnesota governor's race to DFLer Mark Dayton on Dec. 8. The story states: “Edward Foley, an election law professor at Ohio State University, said the Supreme Court opinion was a complete rejection of Emmer's argument. If an Emmer victory ‘was a galaxy away before, it is now clusters of galaxies away,’ he said.”

Professor Ned Foley was recently quoted in Minnesota Public Radio segment on the unlikelihood of Republican Tom Emmer winning Minnesota's race for governor. The story states: “‘If you surveyed the history of recounts all around the 50 states, it's extremely unlikely that you could overturn a margin of victory that's 1,000 or 2,000 votes,’ said Ned Foley, from the Ohio State University College of Law. ‘When you get up to 8,000 or 9,000 votes, that's huge odds against you.’”

Professor Ned Foley was recently quote in a Minneapolis Star-Tribune story about the possibility of a Minnesota’s governor race moving to the courtroom after a recount. The story states: “‘If you can't demonstrate a number of questionable ballots that are equivalent to the margin of victory, it's a non-starter,’ said Ned Foley, a professor of election law at Ohio State University. ‘If the numbers aren't there, you can't win.’”

Professor Daniel Tokaji was recently quoted in a Quad-City Times story about Iowa Secretary of State Matt Schultz’s plan to run for re-election in four years, and the changes he will make regarding voter ID laws. The story states: “The public generally supports voter ID laws, according to Daniel Tokaji of the Moritz College of Law at The Ohio State University, who specializes in voting law.”

Professor Ned Foley was recently quoted in a Minneapolis Star-Tribune story about the well-intentioned election laws of Minnesota that may be muddied by a coming recount. The story states: “‘Something can always come up, even in a well-designed election system,’ said Ned Foley, an election law professor at Ohio State University.”

Professor Edward Foley was quoted in an MSNBC story about the laws of write-in ballots in the race in Alaska. The story states: “‘I can see a judge easily saying there's no wiggle room under the statute or there's a little wiggle room but not a lot,’ he said. Some courts in election matters have taken a "tough luck," rules-are-rules approach, he said, while others have proved more lenient to keep voters from being disenfranchised.

Professor Edward Foley was recently quoted in a Minneapolis Star-Tribune story about the effectiveness of changes to election law in Minnesota since the 2008-2009 election. The story states: “A nationally recognized election law scholar, Edward Foley of Ohio State University, watched Minnesota's 2008-09 U.S. Senate recount and election contest and became an admirer of this state's precise election laws and even-handed administration. But, he added, ‘you have the virtue of fairness at the expense of taking too long.’ He warned that a close election for governor or president would make that flaw loom large.”

Professor Edward Foley was recently quoted in a story reported by WCCO TV about whether or not the GOP can sue its way to victory in the Minnesota governor’s race. The story states: “Edward Foley, a law professor at Ohio State University, said he hasn't seen anything yet that would give sufficient legal grounds for an Emmer lawsuit to succeed. ‘There would need to be problems in the voting process that are violations of the law that could make a difference in the outcome,’ Foley said.”

Professor Edward Foley was mentioned in a Minneapolis Star-Tribune story about the close Minnesota governor’s race. The story states: “Ned Foley, an election law professor at Ohio State University, said his study of recounts found they rarely change the result and then only when the election night loser is fewer than 2,000 votes short of victory.”

Professor Terri Enns was quoted in The Lantern in a story about Republican Rob Portman winning Ohio’s open Senate seat. The story states: “‘Portman gets talked about as a potential Republican candidate for president,’ said Terri Enns, clinical professor of law at Ohio State's Moritz College of Law.”

Professor Charles Stewart was recently quoted in The Lantern in a story about Ohio returning to its traditionally Republican roots. The story states: “Democrats will need to convince moderate voters of their stance on the economy and the deficit before the 2012 election, said Charles Stewart, a visiting scholar at the Ohio State Moritz College of Law and a professor of political science at MIT.”

Professor Dan Tokaji was a featured guest on WBNS-10TV on Wednesday morning following Tuesday’s election. Tokaji discussed provisional ballots, how they are used, and what procedures are in place to count them.

Professor Steven Huefner was quoted in a story on WBNS-10TV in Columbus following Tuesday’s elections. Questions centered on the use of provisional ballots because polling places had been moved in Delaware County, Ohio.

Professor Donald B. Tobin recently published an Opinion Editorial in Roll Call about CEOs contributing company funds in support of political candidates. The piece states: “A corporation can have a business purpose for making a political contribution, and such a contribution would not necessarily violate the executive’s fiduciary duty to the shareholders, but the CEO cannot make a contribution from the corporation that is based solely on the CEO’s friendship with the candidate. CEOs simply cannot use the corporate treasury as a personal piggy bank.”

Professor Dan Tokaji was recently quoted in a Wall Street Journal story about the high percentage of absentee ballots cast in Ohio. The story states: “Daniel Tokaji, a law professor at Ohio State University's Moritz College of Law, says that in recent years the political parties have been encouraging people to vote absentee in light of worries about waning voter enthusiasm. ‘They were worried they might not turn up at polls on Election Day,’ he said.”

Professor Dan Tokaji was recently quoted in a National Journal story about the functioning of voting systems during the upcoming elections. The story states: “‘I actually am cautiously optimistic,’” said Daniel Tokaji, a professor at Ohio State University’s Moritz College of Law. ‘We’re now getting to the point where local election officials and poll workers are becoming more familiar with voting requirements. And I may be foolish, but I’m expecting fewer problems this time around.’”

Professor Edward Foley was recently quoted in a USA Today story about Alaska Sen. Lisa Murkowski hoping for a successful statewide write-in campaign. The story states: “Edward Foley, who directs an election law institute at Ohio State University, said it’s too soon to know whether that battle could lead to a smaller version of the Florida ballot-counting controversy of 2000.”

Professor Daniel Tokaji was quoted in a National Journal story about lawyers and activists gearing up for the upcoming election after reaching a record number of registered voters. The story states: “The use of provisional ballots may also boost the risk of a legal tussle. The Help America Vote Act of 2002 requires election officials to offer provisional ballots to voters whose registration is in question. The surge in new voters, coupled with voter roll problems and controversies, make such questions more likely this year. But rules for counting provisional ballots vary from state to state, and their use tends to encourage lawsuits. ‘If you have provisional ballots, it increases the margin of litigation,’ said Daniel Tokaji, a law professor at Ohio State University.”

Professor Donald Tobin was recently mentioned in The Christian Science Monitor is a story about massive campaign funding organizations that use the tax law to protect the anonymity of their donors. The story states: “What could the IRS do about it? According to Ohio State tax professor Donald Tobin, quite a lot actually. (Thanks to the TaxProf blog for posting this). It could subject the donors to the gift tax. It could reclassify these groups as Sec. 527 organizations, which would require them to name their sugar daddies. It could sanction the lawyers who give the green-light to these outfits. Another option: The IRS could sanction the SuperPACs themselves and make them pay tax on those funds they improperly contribute to campaigns.”

Professor Donald B. Tobin was quoted in a Los Angeles Times story editorial about the use of 501(c)(4) organizations in political campaigns. The story states: "‘The IRS ought to act, but this is not their fight,’ Donald B. Tobin, a professor of tax law at Ohio State, told me. ‘Their mission is to collect revenue, not to regulate political campaigns.’”

Professor Dan Tokaji was recently quoted in a Journal Sentinel story about two felons challenging the Wisconsin constitution because it prohibits felons from voting until their sentences, including probation and payment of fines, have been completed. The story states: “Dan Tokaji, a professor at Ohio State University who specializes in election law and scholarship, said courts have held that even though affected groups don't have to prove intentional discrimination under Section 2 of the Voting Rights Act, they must show something more than a law's disproportionate impact.”

Professor Dan Tokaji was recently quoted in a USA Today story about updated voting systems and the possibility for mistake. The story states: “As a result, most states and counties will have to limp along with their current equipment until they can afford to replace it. And until then, manufacturers will have little reason to innovate. ‘We will see innovation if there's money for it,’ says Dan Tokaji, an elections expert at Ohio State University's Moritz College of Law. ‘We won't if there's not.’”

Professor Ric Simmons recently published an Opinion-Editorial in The Columbus Dispatch about the debate as to whether citizens should select their state judges by election. The editorial states: “Both sides make legitimate arguments. Proponents of judicial elections argue that judges deserve to have their own power base, rather than be dependent on the other two branches for appointment or retention, and that in a democracy, voters deserve the right to hire and fire government officials who can issue important and sometimes effectively irrevocable policy decisions. Opponents of judicial elections argue that the process of executive nomination and legislative confirmation results in a higher-quality bench and that voters are unqualified to select judges, because voters frequently know next to nothing about the judicial candidates on the ballot.”

Professor Daniel Tokaji was recently featured in a segment of Fox News about early voting. In the segment, Tokaji says: “[Early voting] is a growing trend. It’s really picked up in the past ten years… This is changing the face of elections. It’s changing campaign strategies; it’s changing the way campaigns are run, when ads had to be purchased, and it’s gone, for the most part, under the radar.”

Professor Ric Simmons was recently mentioned in a Cincinnati Enquirer story about a new program he has created that takes users through a quiz to help the decided which judge they might want to vote for. The story states: “An Ohio State University law professor, Ric Simmons, has spent the last couple years creating it.”

Professor Ric Simmons was recently mentioned in a Columbus Dispatch story about a new program he has created. The story states: “Ohio State University law Professor Ric Simmons developed an online survey to help voters choose candidates for the Ohio Supreme Court and lesser courts.”

Professor Dan Tokaji was recently quoted in a Wichita Eagle story about states requiring a photo ID be shown to vote. The story states: “Research has shown that racial or ethnic minorities, particularly African-Americans and Hispanics, are more likely to be asked for ID at the polls, said Dan Tokaji, an Ohio State University law professor who specializes in election law. He also said an ID is requested of men more than women. ‘There's always a concern that poll workers will exercise their authority in a way that's unfair or discriminatory,’ he said.”

Professor Dan Tokaji was recently quoted in a Los Angeles Times story regarding early voting and how it is changing the way politicians campaign. The story states: “Tokaji said one argument against early voting had been that such developments could affect voters' decisions. But he dismissed that likelihood. ‘I think most of the people who are voting early — the vast majority, in fact — have already made up their minds," he said. "In those instances where there is late-breaking news, it doesn't necessarily make for better decision making.’”

Professor Dan Tokaji was quoted in a Columbus Dispatch story regarding early voting in Ohio. The story states: “The jury is still out about whether increasing absentee voting affects overall voter turnout, and there is some evidence to suggest that it merely shifts votes that would have been cast on Election Day or produces only a modest increase in turnout, said Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center.”

Professor Dan Tokaji was recently quoted in a New York Times story about the rise in early voting and how it will influence how political campaigns are conducted. The story states: “‘It’s not going to represent a seismic shift in the number of people voting,’ said Dan Tokaji, an Ohio State University law professor who studies early voting and election law. ‘The convenience of voting is a factor, but it’s not the major reason that people don’t show up to vote.’”

Professor Edward Foley was quoted in a Columbus Dispatch story about changes in campaign finances laws. The story states: “Ned Foley, former state solicitor and current director of the election law center at Ohio State University's law school, also was skeptical. ‘Whether that is a 'game-changer' depends on whether Citizens United is itself a 'game-changer,’’ he said. ‘It is certainly possible that it is, at least in the specific sense that it now permits corporations and labor unions to do what they couldn't do before. On the other hand, whether as a practical matter it radically affects the dynamics of the campaign itself, that's more open to question.’”

Professor Edward Foley was quoted in a Slate magazine story about election reform. The story states: “The New York meltdown led Ohio State University law professor Ned Foley to ponder, nearly 10 years after the Florida meltdown and Bush v. Gore, whether it is possible for election administrators to be both nonpartisan and competent.”

Professor Dan Tokaji was quoted in an Associated Press story about early voting. The story states: “Dan Tokaji, an early-voting expert and professor at Ohio State University's Moritz College of Law, said evidence is mixed on whether early voting increases turnout. ‘It's not likely to result in a seismic shift in turnout, but it can make a difference in close races,’ he said. ‘There may be some voters teetering on the edge in terms of whether they'll come out to vote.’”

Professor Daniel Tokaji was quoted in a newstory on TBD.com about bribery in the public sector regarding mayoral races in Washington, D.C. Tokaji talked about the level of clarity in current District laws about bibery: “Still, he thought the use of the word ‘bribery’ was important in the law, and noted that it wasn't defined. Its use, he said, implied to him that if it someone was given a financial benefit in exchange for voting for a particular candidate, it would be illegal. Simply paying someone to vote, without requiring that they cast their ballot for one candidate, wouldn't fall under the law.”

Professor Daniel Tokaji was quoted in an Alabama Live! article about an Alabama county’s challenge to the Voting Rights Act as an outdated burden, which is on its way to federal court and could possibly go before the U.S. Supreme Court. Tokaji talked about the inevitability of the Supreme Court hearing a case about Section 5: “A separate challenge to Section 5 is also pending in a North Carolina case, and the two lawsuits are being watched closely by election law experts. ‘I can say with confidence that one of these cases, or maybe some other case, will come before the Supreme Court, and they will have to confront the constitutionality of Section 5,’ said Daniel Tokaji, a professor at the Moritz College of Law at The Ohio State University.”

Professor Daniel Tokaji was quoted in a Columbus Dispatch article about voting registration after a study shows that over 5,000 deceased people who are still registered to vote. Tokaji talked about possible resolutions to the problem: "Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center, said the state needs to be careful not to cancel a voter's registration by mistake. 'Database management is never going to be perfect,' he said. 'It is far more harmful to delete a voter who's really eligible than to leave someone on who may or may not be deceased.'"

Professor Daniel Tokaji was quoted in a Dayton Daily News article about the uncertainties of mixing business and political affiliation. Tokaji talked about the possible backlash for corporation who decide to make political connections: "The backlash against Target and Best Buy may deter corporations from spending money in support of candidates, said Ohio State University law professor Daniel Tokaji. But another possible scenario is that initial hesitance will give way to corporate spending on elections if they want to be heard afterwards. 'One of the things these candidates are going to be looking for once they’re in office is ‘Did you support me?’ It’s hard to know for sure how it will play out. I tend to think that the latter scenario is more likely.”

Professor Daniel Tokaji was quoted in a Cleveland Plain Dealer article about voting in Northeast Ohio. The U.S. Justice Department's demand that Cuyahoga County provide more assistance to Puerto Rican voters could bring about a new era of bilingual and maybe multi-lingual voting in Northeast Ohio. Tokaji talked about the likeliness of that happening: "'It's certainly likely that Cuyahoga County will have to go to bilingual balloting after the next census comes in,' said Daniel Tokaji, an expert on election law at Ohio State University."

Professor Steven Huefner was quoted in The News Journal about the Delaware city officials’ decision to issue a new vote for a disputed seat on city council after acknowledging concerns that election rules disenfranchised voters. Huefner was quoted regarding the revote: “‘Courts are understandably reluctant to call for a new election,’ said Steven Huefner, senior fellow of election law at Ohio State University. ‘Here we have a tie where the public's voice wasn't able to be heard. When you have a tie vote it doesn't take very many voters to convince a judge you need a new election.’”

Professor Daniel Tokaji was quoted in a Columbus Dispatch article about the percentage growth of absentee voting in Ohio. Tokaji was quoted about the drawbacks of increasing absentee ballots: “‘I think there are some real concerns about absentee voting,’ said Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center. He supports people voting in person, even if it's early by absentee ballot.”

Professor Daniel Tokaji was quoted in a Seattle Post-Intelligencer story about Referendum 71, an attempt to overturn a new, expanded gay rights law. The referendum prompted “Doe V. Reed,” which led to the U.S. Supreme Court ruling that people who sign petitions for referendums and initiative can have their names released to the public. Tokaji was quoted from a statement that he made regarding the case: “Daniel P. Tokaji, an expert in election law at The Ohio State University Moritz College of Law, said in a statement the State of Washington ‘has won this battle, but not yet the war....opponents of Washington's domestic partnership law can still make the narrower argument that, in this particular case, disclosing the petitions would violate the constitutional rights of those who signed them.’”

Professor Dan Tokaji was quoted in a Duluth News Tribune editorial about the mandatory use of photo ID at election polls. The piece states: “'You’d have to be a fool to go to the polls and pretend to be someone else,' Ohio State University law professor Daniel P. Tokaji added in an interview with the network. 'If you’re (going to) cheat, the easiest way is to do so through mail-in ballots.'"

Professor Daniel Tokaji was quoted in an Atlanta Journal-Constitution story about a change made to Georgia’s election laws. The story states: "‘I can't think of any state that has done something like this before,’ Tokaji said. ‘The job of the attorney general in most states is to enforce state law and of course to defend state laws when they're subject to challenge. To go over the attorney general's head when you simply don't like the decision he might make is unusual. I'm not going to go so far as to say it's illegal or a violation of the state's constitution, but it strikes me as quite unusual.’”

Professor Edward Foley was quoted in a Columbus Dispatch story about a new requirement for Ohio voters who switch between the major political parties in an upcoming primary election. The story states: “Edward ‘Ned’ Foley, director of an elections-law center at Ohio State University, said he likes the primary process in the state of Washington: All voters get the same ballot, and the top two vote-getters, regardless of party, advance to the fall election. Foley said it is reasonable to try to enforce Ohio's statute uniformly in all counties by challenging every crossover voter, and that if people don't like it, there can be a discussion about changing state law accordingly.”

Professor Dan Tokaji was quoted in a Bloomberg story about a campaign finance ruling regarding raising “soft money.” The story states: “‘This is clearly an unstable area of the law,’ said Daniel Tokaji, associate director of the election-law program at Ohio State University’s Moritz College of Law in Columbus. He said both rulings are candidates for Supreme Court review.”

Professor Dan Tokaji was quoted in a Columbus Dispatch story about the sale of voting machines in Ohio. The story states: “But Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center, said he questions whether the divestiture alone will create the robust market needed to spur competition and innovation in voting technology. ‘I definitely think it's a step in the right direction, but it's not enough to solve our long-term voting technology problems,’ he said.”

Professor Edward Foley was mentioned in a Legal Newsline story about his testimony before the U.S. Senate Communications Subcommittee. The story stated: “Also appearing before the panel is Allison Hayward of The George Mason University School of Law, Edward Foley of The Ohio State University School of Law, Steve Hoersting of the Center for Competitive Politics, Fred Wertheimer of Democracy 21 and Heather Gerken of The Yale Law School.”

Professor Edward Foley was featured in a Legal Talk Network podcast regarding the Supreme Court Ruling in Citizens United v. Federal Election Commission.

Professor Edward Foley was quoted in a Columbus Dispatch story about a Supreme Court ruling that changes restrictions on the amount of money corporations, nonprofits, and unions can contribute to politicians. The story states: “As a practical matter, Ohio's law no longer is enforceable, said Edward ‘Ned’ Foley, director of an election-law center at Ohio State University. The state law ‘assumes a basic ban on corporate spending for campaign ads. That can't survive this decision,’ he said.”

Professor Edward Foley was mentioned in an Associated Press story about the Supreme Court ruling that changed regulations of political donations made by corporations. The story says: “Edward Foley, director of an election law center at Ohio State University, says he expects state lawmakers will attempt to modify Ohio's law to bring it into compliance with the court's Thursday ruling.”

Professor Edward Foley was mentioned in a Newsweek posting asking whether foreign corporations should be allowed to spend money on U.S. political campaigns. The story states: “The biggest questions with this ruling is the scope of the term "corporation," says Edward Foley, law professor at the Ohio State University College of Law and director of the election-law program. Does the high court want this decision to apply to foreign corporations as well as domestic ones, he ponders? The truth is, the court didn't make a decision one way or the other. Foley best explains the potential issues by talking about the electronic, video, and communication giant, Sony …”

Professor Edward Foley was quoted in a Newsweek story about the U.S. Supreme Court’s ruling that allows corporations, unions and nonprofits to contribute limitlessly to political campaigns. The story states: “For example, a wealthy corporation can’t approach a candidate and ask a candidate, ‘would you like a check, or would you like the corporation to purchase a television commercial supporting your position on foreign policy?’ says Edward Foley, law professor at Ohio State University College of Law and director of the election law program.”

Professor Edward Foley was quoted in a Cleveland Plain-Dealer story reacting to the Supreme Court’s ruling that relaxes laws regarding corporate donations to political campaigns. The story states: “‘If any industry said it wanted to affect an election like the governor's race, it could spend money on TV and buy ads saying 'vote for X and vote against Y,’’ said Edward ‘Ned’ Foley, an Ohio State University law professor and elections law expert. The only caveat will be that corporate or union ad campaigns cannot not coordinate with the candidates' own campaigns.”

Professor Dan Tokaji was quoted in an Orlando Sentinel story about a Supreme Court decision that changes previous rules regarding contributions to political campaigns made by corporations, nonprofits, and unions. The story states: "‘The court would be quite hostile to this legislation,’ said Daniel Tokaji, an election expert at the Moritz College of Law at Ohio State University. ‘It puts special burden on corporate speech in the area of political contributions, and it's pretty clear that the court is emphatically protective of corporate speech.’”