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Election Law @ Moritz

Election Law @ Moritz

Latest Information & Analysis   

6th Circuit Reverses District Court, Rules Against State in Ohio Voter Rolls Case

Sep. 23 (2:25 PM) - In an opinion issued today, a three-judge panel of the Sixth Circuit U.S. Court of Appeals ruled that Ohio\'s procedures for removing voters from registration rolls violates the National Voter Registration Act and the Help America Vote Act. The case is Ohio A. Philip Randolph Institute v. Husted.

U.S. District Judge Refuses to Block Arizona Law Placing Limits on "Ballot Harvesting"

Sep. 23 (2:20 AM) - In an order issued today, U.S. District Judge Douglas Rayes denied plaintiffs\' motion for a preliminary injunction that would have blocked an Arizona statute limiting the practice of \"ballot harvesting.\" The law limits whom a voter can give an early ballot to for delivery. The case is Feldman v. Arizona. Earlier this month, the parties reached a settlement agreement on another issue in the case regarding the allocation of polling places.

6th Circuit Reverses District Court on Most Claims in Another Ohio Voting Rights Case

Sep. 14 (9:04 AM) - In an opinion released yesterday, the Sixth Circuit U.S. Court of Appeals reversed the District Court on most of the plaintiffs\' claims in an Ohio voting rights case. The Sixth Circuit determined that Ohio laws did not create an undue burden on the right to vote nor did they disparately impact minority voters in violation of the Voting Rights Act. The case is NEOCH v. Husted.

D.C. Circuit Reverses District Court in Proof of Citizenship Case

Sep. 12 (10:05 AM) - In a judgment released Friday, the U.S. Court of Appeals for the District of Columbia reversed the District Court, which had permitted changes to a federal voting registration form that would allow the states of Kansas, Alabama, and Georgia to require proof of citizenship. A three-judge panel of the D.C. Circuit decided 2-1 that the District Court should have granted the plaintiffs\' motion to block changes to the form. The case is League of Women Voters v. Newby.

6th Circuit Reverses District Court Order that Kept Polls Open Based on Anonymous Call to Court Clerk

Sep. 6 (6:07 PM) - In an opinion released today, a three-judge panel of the Sixth Circuit U.S. Court of Appeals vacated an order by U.S. District Judge Susan Dlott that kept Cincinnati-area polling places open an additional hour on primary election night. The District Judge\'s order was based on an anonymous phone call to the court clerk\'s office indicating that a major traffic accident on the city\'s outerbelt would make it difficult for voters to reach their polling places in time. The Sixth Circuit found a lack of standing to bring a court action because there was no identifiable plaintiff who brought forth a complaint on the record. The case is In re 2016 Primary Election.

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

Aug. 23 (3:57 PM) - In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

D.C. Circuit Sends True the Vote Case Against IRS Back to District Court

Aug. 8 (12:05 PM) - In a recently-issued opinion, a three-judge panel of the D.C. Circuit Court of Appeals reversed in part and affirmed in part the District Court\'s decision in True the Vote\'s case challenging the targeting of conservative non-profit groups by the IRS. The court of appeals affirmed the dismissal of claims for damages against government officials. However, the court did not agree that True the Vote\'s efforts to halt discriminatory enforcement by the IRS were now moot. The panel determined that a judgment on the merits regarding whether the IRS had ceased its discriminatory treatment was warranted. The case is True the Vote v. IRS.

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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


Daniel P. Tokaji

The Supreme Court and the RIght to Vote

Daniel P. Tokaji

For over 130 years, the U.S. Supreme Court has said that the right to vote fundamental. The idea is that voting for candidates who represent our views is the primary means through which we protect our interests, whatever they might be.  Yet ecent events raise serious questions about the currently short-staffed Supreme Court’s capacity to protect the right to vote against 21st Century threats. 

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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

Common Cause v. Kemp

State: Georgia
Issue: Whether a Georgia statute authorizing the removal of voters from registration lists after a period of inactivity violates the First Amendment and the National Voter Registration Act.

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