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Election Law @ Moritz

Election Law @ Moritz


Latest Information & Analysis   

New Ohio Voting Case Filed

May. 12 (8:37 AM) - Several plaintiffs recently filed a complaint in U.S. District Court for the Southern District of Ohio, alleging that voting laws enacted by Ohio's Republican-controlled General Assembly since November 2012 violate various federal constitutional provisions as well as the Voting Rights Act. According to the complaint, the General Assembly has enacted laws that burden all Ohio voters but that were designed to and will disproportionately burden specific populations, particularly African-Americans, Latinos, and young people.

SCOTUS Decides Florida Case Involving Judicial Campaign Contributions

Apr. 29 (2:05 PM) - In an opinion released today, the U.S. Supreme Court upheld a Florida Bar rule prohibiting judicial candidates from personally soliciting campaign funds. The case is Williams-Yulee v. Florida Bar.

Ohio Early Voting Case Settles

Apr. 17 (3:44 PM) - Ohio Secretary of State Jon Husted issued a statement today indicating that an early voting lawsuit filed against him has been settled. See also the news release from the ACLU as well as the settlement agreement filed with the court. The case is NAACP v. Husted.

SCOTUS Reverses Lower Court in Alabama Redistricting Case

Mar. 25 (11:19 AM) - In a 5-4 decision released today, the U.S. Supreme Court reversed the District Court, which found that Alabama's redistricting plan did not violate the Voting Rights Act or the Constitution. The case is Alabama Democratic Conference v. Alabama.

SCOTUS Denies Cert in Wisconsin Voter ID Case

Mar. 23 (11:21 AM) - Without comment, the U.S. Supreme Court today denied (see page three) the petition for writ of certiorari filed by opponents of Wisconsin's voter ID law in Frank v. Walker. The Court's order leaves in place the decision of the Seventh Circuit Court of Appeals rejecting challenges to the law's constitutionality.

Federal District Judge Rules Against Ohio Libertarian Party in Ballot Access Case

Mar. 17 (12:33 PM) - Federal District Judge Michael Watson issued an opinion and order granting the summary judgment motion of Ohio Secretary of State Jon Husted, finding that an Ohio bill does not unconstitutionally burden the formation of minor political parties and the access of those parties' candidates to Ohio ballots. The case is Libertarian Party of Ohio v. Husted.

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.

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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 March 9 (10:24 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

NAACP v. Husted

State: Ohio
Issue: Whether Ohio's reduction of early voting days and elimination of same-day registration violates Equal Protection and Section 2 of the Voting Rights Act.

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