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Election Law @ Moritz

Election Law @ Moritz

Latest Information & Analysis   

Pennsylvania Supreme Court Upholds State's Use of Electronic Voting Machines

Feb. 20 (8:37 AM) - In an opinion released earlier this week, the Pennsylvania Supreme Court affirmed a Commonwealth Court decision finding that the state's use of direct electronic voting machines (DREs) did not violate Pennsylvania statutory or constitutional law. The case is Banfield v. Cortes.

10th Circuit Reverses District Court on KS and AZ Proof of Citizenship Requirement

Nov. 7 (6:12 PM) - The Tenth Circuit U.S. Court of Appeals issued an opinion today in Kobach v. EAC, rejecting the proof of citizenship requirement imposed by Kansas and Arizona in the voter registration process.

Fifth Circuit Issues Opinion on Louisiana's Compliance with NVRA

Nov. 6 (6:02 PM) - The Fifth Circuit U.S. Court of Appeals issued an opinion affirming in part and reversing in part the District Court\'s decision that Louisiana violated the National Voter Registration Act. The District Court found that the state violated the Act by failing to properly provide voter registration services to public assistance recipients. The case is Scott v. Schedler.

Potential to Add Votes After Election Day

Nov. 5 (12:00 AM) - How many votes could a trailing candidate make-up after Election Night? [Read More]

Summary of Selected Election Day Issues in Key States

Nov. 4 (11:58 PM) - A quick summary of election day issues in key states. [Read More]

New Complaint Filed in Ohio Provisional, Absentee Ballots Case

Oct. 31 (3:13 PM) - The Northeast Ohio Coalition for the Homeless, the Columbus Coalition for the Homeless, and the Ohio Democratic Party yesterday filed a new complaint against the state, alleging that provisions of new Ohio laws regarding absentee and provisional ballots violate the Voting Rights Act and the Constitution.

The case is NEOCH v. Husted.

Sixth Circuit Finds Lack of Standing in Ohio Jailed Absentee Voters Case

Oct. 27 (11:44 AM) - In a 2-1 opinion issued Friday, a three-judge panel of the Sixth Circuit U.S. Court of Appeals determined that a voter outreach organization did not have standing to sue on behalf of jailed absentee voters. The case is Fair Elections Ohio 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

News Wire

The latest election law news from across the country...last updated February 25 (8:18 AM).

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EL@M in the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

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Current Litigation

Citizen Center v. Gessler

State: Colorado
Issue: Whether the election procedures of six Colorado counties infringe on the rights to vote, political expression, and speech.

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