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Election Law @ Moritz

Election Law @ Moritz

Latest Information & Analysis   

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.

Fourth Circuit Strikes Down NC Voting Laws, Finding Intentional Discrimination

Aug. 1 (3:27 PM) - On a Friday of multiple, major election law decisions, a panel of the Fourth Circuit Court of Appeals released an opinion striking down various North Carolina election laws that put in place restrictions related to voter ID, early voting, same day registration, and out of precinct registration. Reversing the District Court, the Fourth Circuit found that legislators intentionally discriminated against African-American voters. The three-judge panel included a dissenting opinion. The case is North Carolina NAACP v. McCrory.

Federal Judge Strikes Down Wisconsin Voting Laws

Aug. 1 (2:38 PM) - In a ruling on Friday, U.S. District Judge James Peterson issued a decision striking down various Wisconsin election laws including those imposing a voter ID requirement and limiting early voting. The decision in One Wisconsin Institute v. Nichol followed another recent decision by a different Wisconsin federal judge ruling for the plaintiffs challenging the voter ID requirement. The state will appeal both cases to the 7th Circuit Court of Appeals.

Sixth Circuit Rejects Ohio Libertarian Party Ballot Access Arguments

Aug. 1 (1:00 PM) - In an opinion released Friday, the 6th Circuit rejected the Ohio Libertarian Party\'s constitutional and selective enforcement arguments, affirming the lower court\'s decision. The case if Libertarian Party of Ohio v. Husted.

Sixth Circuit Affirms District Court on Attorney Fee Award in NEOCH Case

Aug. 1 (12:55 PM) - In an opinion released tody, The Sixth Circuit Court of Appeals affirmed the bulk of the District Court\'s decision awarding attorney fees to plaintiffs\' attorneys in a long-running Ohio voter dispute. The case is NEOCH v. Husted.

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.

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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

Perez v. Texas

State: Texas
Issue: Whether Texas' redistricting plan violates the Constitution because it does not make a good faith effort to maintain population equality and treats inmates as residents of the counties in which they are incarcerated.

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