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Election Law @ Moritz

Election Law @ Moritz


Latest Information & Analysis   

Federal Court Finds Unconstitutional Partisan Gerrymandering in North Carolina

Jan. 10 (9:45 AM) - A three-judge panel of the U.S. District Court for the Middle District of North Carolina released a lengthy opinion Tuesday finding that North Carolina\'s 2016 Congressional Redistricting Plan was an unconstitutional partisan gerrymander. The case is Common Cause v. Rucho.

U.S. Supreme Court to Hear Maryland Redistricting Case

Dec. 11 (5:05 PM) - The U.S. Supreme Court recently added the Maryland redistricting case of Benisek v. Lamone to the merits docket. The court postponed consideration of the jurisdiction question until hearing the case on the merits.

Sixth Circuit Reverses Dismissal of Ohio ADA Case Alleging Discrimination Against Blind Voters

Nov. 13 (4:39 PM) - In an opinion released today, a three-judge panel of the Sixth Circuit Court of Appeals reversed the decision of the district court dismissing a lawsuit alleging that Ohio\'s absentee voter system discriminates against blind voters. According to the panel, the district court accepted Ohio Secretary of State John Husted\'s \"fundamental alteration\" defense without any evidentiary support. The case, Hindel v. Husted, was remanded to the district court for further proceedings.

U.S. Supreme Court Grants Texas' Request for Stay in Redistricting Case

Sep. 13 (2:15 PM) - In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

Jun. 20 (9:28 AM) - On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

U.S. Supreme Court Declines to Hear Ohio Case on Minor Voting Form Errors

Jun. 20 (9:24 AM) - On Monday, the U.S. Supreme Court declined to consider an appeal in an Ohio voting case in which the plaintiffs sought a court order barring state officials from failing to consider voter forms with immaterial errors. The case is NEOCH v. Husted.

U.S. Supreme Court to Hear Ohio Voter Registration Case

May. 31 (10:03 AM) - Yesterday, the U.S. Supreme Court issued an order (see p. 3) granting the state\'s certiorari petition in an Ohio case involving the maintenance of voter registration lists. At issue is whether Ohio\'s use of voter inactivity as a reason to send \"confirmation notices\" is consistent with federal law. The case is Ohio A. Philip Randolph Institute v. Husted.

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Recount Resources

Election Law @ Moritz has assembled a set of resources concerning the topic of elections going into overtime.

Swing State Focus

Media Hotline: (614) 292-0283

EL@M in the News

Daniel P. Tokaji

http://www.dispatch.com/news/20180207/inside-story-on-ohios-redistricting-deal

Professor Dan Tokaji was quoted in The Columbus Dispatch about partisan congressional redistricting in Ohio. 

 

 

"I can’t think of anywhere where we’ve had a situation like we’ve had here for the past couple of years,” Tokai said. “People in Ohio’s state legislature recognize there’s a serious problem.”



 

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Current Litigation

NEOCH v. Husted

State: Ohio
Issue: Original Issues: (1) Whether Ohio's voter ID laws are unconstitutional as "confusing, vague, and impossible to apply" in violation of the right to vote; whether the laws are unconstitutional because they apply only to in-person voters and not to absentee voters; whether they are unconstitutional because they may bar voters who do not have required identification from voting on Election Day; whether they are unconstitutional because only some forms of ID must have current address; whether they are unconstitutional as a poll tax. (2) Whether Ohio's provisional-ballot laws are unconstitutionally vague and therefore violate Equal Protection and Due Process.

Subsequent Issue: Whether an April 2010 Consent Decree requiring that provisional ballots improperly voted as a result of poll worker error still be counted is valid under Ohio law.

Current Issue: Whether Ohio SB 205 and 216 unlawfully discriminate against minority voters and unconstitutionally burden the right to vote.

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