OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Latest Information & Analysis   

U.S. District Judge Rules that Ohio Voter Services Website Violates ADA

Feb. 1 (5:00 AM) - A U.S. District Judge issued an opinion finding that the Ohio Secretary of State\'s voter services website violates Title II of the Americans with Disabilities Act because it is not accessible to visually impaired Ohio voters. Judge George C. Smith ordered Secretary of State John Husted to make the site more accessible by September 29, 2017. As discussed in the opinion, the information on the voter services site does not meet established standards of accessibility for visually impaired voters who use screen reading software. The case is Hindel v. Husted.

U.S. District Court Issues Order on Remedy in Wisconsin Redistricting Case

Jan. 27 (5:00 AM) - Three U.S. District Judges today issued an opinion and order on remedies in a case in which the court earlier found an unconstitutional gerrymander by the Wisconsin legislature. The court ordered Wisconsin to enact a new redistricting plan by November 2017. The case is Whitford v. Nichol.

Federal District Court Panel Finds Unconstitutional Gerrymandering in Alabama

Jan. 20 (5:00 AM) - In an opinion released today, a three-judge panel of the U.S. District Court for the Middle District of Alabama found unconstitutional gerrymandering in 12 Alabama districts. In a separate concurring and dissenting opinion, one judge on the panel would have found more districts unconstitutionally drawn. The case is Alabama Democratic Conference v. Alabama.

Fourth Circuit Upholds Virginia Voter ID Law

Dec. 13 (2:55 PM) - Today, the Fourth Circuit U.S. Court of Appeals affirmed the decision of the district court upholding Virginia\'s voter ID law. The court disagreed with assertions that the law imposed an undue burden on minority voters or was enacted with racially discriminatory intent. The case is Lee v. Virginia Board of Elections.

U.S. District Judge Denies Relief to Stein in PA Recount Case

Dec. 12 (1:56 PM) - In an opinion released today, U.S. District Judge Paul Diamond denied a motion by Jill Stein that sought to force a recount of Presidential votes in Pennsylvania. The case is Stein v. Cortes.

U.S. District Judge Dissolves TRO, Halting Michigan Recount

Dec. 8 (11:48 AM) - A U.S. District Judge granted the request of the Michigan Republican Party and the Michigan Attorney General to dissolve a temporary restraining order that had allowed the Jill Stein-initiated recount to commence. Judge Mark Goldsmith determined that Stein failed to show entitlement to a recount under Michigan or federal law. The case is Stein v. Thomas.

In Michigan Recount, Conflicting Rulings from Sixth Circuit and Michigan Court of Appeals

Dec. 7 (10:38 AM) - Yesterday, the Sixth Circuit U.S. Court of Appeals and the Michigan Court of Appeals issued differing opinions regarding whether the Jill Stein-initiated recount should proceed. The Sixth Circuit affirmed the District Court\'s order requiring the recount to commence, while the Michigan Court of Appeals ruled that the Board of State Canvassers should not have granted Stein\'s recount petition as a matter of state law. Another hearing is scheduled in federal court today. The cases are Stein v. Thomas (federal court) and Schuette v. Board of State Canvassers (state court).

more info & analysis...

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

Edward B. Foley

Trump Calls for Voter Fraud Probe: A Look at Past Inquiries

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”
 


 

more EL@M in the news...

Current Litigation

Fish v. Kobach

State: Kansas
Issue:  Whether Kansas has violated the NVRA’s accessible registration system by requiring that Kansans who attempt to register to vote while applying for or renewing a driver’s license produce documents like a birth certificate or U.S. passport in order to become registered.

more litigation...