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Free & Fair

Two Details of TRO in Ohio ID Case

An initial review of the text of Judge Marbley’s orders (now available here) indicates: 1. They appear to apply to in-person early voting at board of election offices, as well as to mailed-in absentee voting, although it is not altogether explicit on this point. 2. It is clear that these orders apply, not only to the counting of absentee ballots, but to the process for collecting ID information as well: “The Boards of Election shall also include correspondence with application forms for absentee ballots and with instructions that accompany the absentee ballots reflecting that the voters need not comply with the above-enjoined provisions.” This language appears in both the TRO, at page 5, and the court’s Order to county election boards, at pages 2-3. For reasons discussed previously, this provision of the orders raises the concern that, if these orders are vacated on appeal, voters who failed to provide any ID information in the interim will be disenfranchised as a result.

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


Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

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