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Election Law @ Moritz

Election Law @ Moritz

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Federal Judge Finds Florida Absentee Voting Law Unconstitutional

Oct. 17 (10:41 AM) - Over the weekend, U.S. District Judge Mark Walker issued an order finding part of Florida\'s absentee voting law unconstitutional. In granting the plaintiffs\' motion for a preliminary injunction, Judge Walker determined that Florida\'s statutory scheme requiring automatic rejection of absentee ballots with signatures not matching those on file unlawfully disenfranchised voters. The case is Florida Democratic Party v. Detzner.

This case follows another Florida case in which Judge Walker ordered the state to extend the voter registration deadline by a week in the aftermath of Hurricane Matthew. That case is Florida Democratic Party v. Scott.

10th Circuit Affirms Blocking of Kansas Proof of Citizenship Law

Oct. 3 (1:25 PM) - On Friday, the 10th Circuit U.S. Court of Appeals affirmed a District Court decision blocking a Kansas law that required proof of citizenship for voters registering while obtaining or renewing a driver\'s license. The 10th Circuit determined that the National Voter Registration Act (NVRA) preempts Kansas\' requirement. A full opinion is forthcoming. The case is Fish v. Kobach.

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.

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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


Edward B. Foley

The Claim that the Media is Rigging the Election--and Citizens United

Edward B. Foley

This post floats a tentative thought, welcoming reaction to it (but isn't that in part what blogging is for? :-) Elsewhere, I've addressed the current claims that the election might be rigged through modern-day equivalents of old-fashioned ballot-box stuffing.  Here, I want to consider the other current claim being made: that the mainstream media is rigging (or attempting to rig) the election, as Trump, Pence, and other supporters of their ticket are claiming. 

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EL@M in the News

Daniel P. Tokaji

The GOP Really Doesn't Want To Hear About Trump And His "Rigged" Election

Professor Dan Tokaji was quoted in WVXU about the damages caused by Donald Trump’s election rigging rhetoric, namely the public’s diminished confidence in a fair voting system.

"There already is this loss of faith,'' Tokaji said. "But Trump, with his claim of a rigged election, has taken it to entirely different level. It's irresponsible."

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Current Litigation

True the Vote, Inc. v. IRS

State: Washington, D.C.
Issue: 1) Whether True the Vote is exempt from Federal Income tax as a 501(c)(3) organization.

2) Whether the IRS violated True the Vote's First Amendment right of freedom of speech and association.

3) Whether the IRS overstepped its statutory authority in requesting additional information from True the Vote.

more litigation...