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Election Law @ Moritz

Election Law @ Moritz

Latest Information & Analysis   

State, Utah GOP appear headed to court over election law again

Nov. 23 (6:15 PM) - [Read More]

Governor Christie Vetoes Election Law Bill

Nov. 9 (10:00 PM) - [Read More]

Mainers bolster clean election law

Nov. 6 (2:16 PM) - [Read More]

Federal Judge Dismisses Remaining Claims in Wisconsin Voter ID Case

Oct. 20 (9:30 AM) - Yesterday, U.S. District Judge Lynn Adelman issued a decision and order dismissing the plaintiffs\' remaining claims in a Wisconsin voter ID case. Last year, the 7th Circuit reversed the judge\'s decision finding that Wisconsin\'s voter ID law violated the Voting Rights Act and created an unconstitutional burden on the right to vote in violation of the Fourteenth Amendment. The remaining claims included whether not recognizing certain IDs violated Equal Protection and whether the law constituted a poll tax. The case is Frank v. Walker.

Fifth Circuit Affirms that Texas Voter ID Law Violates Voting Rights Act

Aug. 5 (2:48 PM) - Today, a three-judge panel of the Fifth Circuit U.S. Court of Appeals issued its opinion in the Texas voter ID case of Veasey v. Abbott, affirming in part and reversing in part the District Court\'s decision. The Fifth Circuit disagreed that Texas\' voter ID law is a poll tax under the 14th and 24th Amendments. The Court also vacated the District Court\'s judgment that the law was passed with a racially discriminatory purpose, remanding the case for a determination using the proper legal standard and evidence. However, the Court agreed that the law violates Section 2 of the Voting Rights Act due to its discriminatory effect. The Fifth Circuit remanded the case for the District Court to determine the appropriate remedy.

D.C. Circuit Upholds Campaign Finance Statute

Jul. 7 (5:05 PM) - In an opinion issued today, the United States Court of Appeals for the District of Columbia upheld a federal statute barring individuals who have government contracts from making political campaign contributions. The case is Wagner v. FEC.

SCOTUS Upholds Arizona Redistricting Commission

Jun. 29 (12:29 PM) - In an opinion released today, the U.S. Supreme Court upheld Arizona\'s use of an independent commission to draw the boundaries of federal Congressional districts. The Court determined that the commission is permissible under the Elections Clause of the U.S. Constitution and 2 U.S.C. 2a(c). The case is Arizona Legislature v. Arizona Independent Redistricting Commission.

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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 Constitution Needed a Judicial Assist

Edward B. Foley

“The majority contends that its counterintuitive reading of ‘the Legislature’ is necessary to advance the ‘animating principle’ of popular sovereignty.” With this sentence in his dissent (at page 14), Chief Justice Roberts gets to the heart of the debate in today’s 5-4 decision in the Arizona redistricting case.

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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

NEOCH v. Husted

State: Ohio
Issue: Original Issues: (1) Whether Ohio's voter ID laws are unconstitutional as "confusing, vague, and impossible to apply" in violation of the right to vote; whether the laws are unconstitutional because they apply only to in-person voters and not to absentee voters; whether they are unconstitutional because they may bar voters who do not have required identification from voting on Election Day; whether they are unconstitutional because only some forms of ID must have current address; whether they are unconstitutional as a poll tax. (2) Whether Ohio's provisional-ballot laws are unconstitutionally vague and therefore violate Equal Protection and Due Process.

Current Issue: Whether an April 2010 Consent Decree requiring that provisional ballots improperly voted as a result of poll worker error still be counted is valid under Ohio law.

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