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Election Law @ Moritz

Election Law @ Moritz

Latest Information & Analysis   

Michigan Federal Judge Blocks Law Prohibiting Straight Ticket Voting

Jul. 21 (4:38 PM) - U.S. District Judge Gershwin Drain issued an opinion blocking enforcement of a Michigan law prohibiting straight-ticket voting. This voting method allows voters to easily select the entire slate of candidates on the ballot from a particular party. Michigan abolished straight-ticket voting by enacting a law effective in January. In granting the plaintffs\' motion for a preliminary injunction, Judge Drain determined that the law \"presents a disproportionate burden on African-Americans\' right to vote.\" The case is Michigan State A. Philip Randolph Institute v. Johnson.

Fifth Circuit Finds Voting Rights Act Violation and Remands Texas Voter ID Case to District Court

Jul. 20 (6:04 PM) - The Fifth Circuit, sitting en banc, issued an opinion finding that Texas\' voter ID law violates section 2 of the Voting Rights Act. The court remanded the case to the district court to determine a remedy. The case is Veasey v. Abbott.

Federal Judge Rules for Plaintiffs in WI Voter ID Case

Jul. 19 (5:57 PM) - In a case on remand from the Seventh Circuit, U.S. District Judge Lynn Adelman issued a decision granting plaintiffs\' motion for a preliminary injunction, easing voter ID requirements imposed by Wisconsin law. Under Judge Adelman\'s order, voters who have difficulty obtaining a requisite ID after reasonable effort can vote once they submit an affidavit swearing they are eligible voters and specifying a reason for their inability to obtain photo ID. The case is Frank v. Walker.

Federal Judge Strikes Down VA Law Regarding Delegates at Convention

Jul. 13 (12:19 PM) - In an opinion released Monday, U.S. District Judge Robert Payne struck down a Virginia law that restricts the voting activity of Virginia delegates at national political party conventions. The plaintiff, Virginia delegate Beau Correll, plans to vote for a candidate other than presumptive Republican nominee Donald Trump, and argued that the Virginia law would impose criminal penalties on him if he did so. The case is Correll v. Herring.

D.C. Federal Judge Denies Attempt to Block States' Use of Proof of Citizenship Requirement

Jul. 1 (9:11 AM) - D.C.-based U.S. District Judge Richard Leon recently issued an opinion denying an attempt to block Arizona, Georgia, and Kansas from requiring proof of citizenship from voters using the National Mail Voter Registration Form. Judge Leon denied the plaintiffs\' motion for a preliminary injunction, but will consider the merits of the parties\' arguments in full at a later stage of the litigation. The case is League of Women Voters v. Newby.

U.S. District Judge Rules for State in Ohio NVRA Case

Jun. 30 (8:54 AM) - In an order issued late yesterday, U.S. District Judge George Smith denied plaintiffs\' motion for summary judgment in a case challenging the removal of voters from the rolls for non-participation in recent elections. Judge Smith ruled that this practice does not violate the National Voter Registration Act (NVRA). He entered final judgment in favor of the defendant, Ohio Secretary of State Jon Husted, clearing the path for a possible appeal to the Sixth Circuit. The case is Ohio A. Philip Randolph Institute v. Husted.

U.S. District Judge Blocks Enforcement of Ohio Statutes

Jun. 7 (5:05 PM) - In an opinion released today, U.S. District Judge Algenon Marbley enjoined the enforcement of various statutes amended by the Ohio General Assembly in 2014. The amendments altered certain requirements for absentee and provisional voting. According to Judge Marbley, the amendments violated the Voting Rights Act and the 14th Amendment. The case is NEOCH 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

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Current Litigation

United States v. North Carolina

State: North Carolina
Issue: Issue 1: Does House Bill 589 deny or abridge the right to vote on account of race, color, or membership in a language minority in violation of Section 2 of the Voting Rights Act 42 U.S.C. §1793?

Issue 2: Was House Bill 589 enacted and enforced with the purpose of denying or abridging the right to vote on account of race, color, or membership in a language minority in violation of Section 2 of the Voting Rights Act 42 U.S.C. §1793, the Fourteenth Amendment, and Fifteenth Amendment?

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