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Election Law @ Moritz

Election Law @ Moritz

Latest Information & Analysis   

U.S. District Judge Rules for Plaintiffs in Ohio Early Voting Case

May. 24 (2:55 PM) - Today, U.S. District Judge Michael Watson issued Findings of Fact and Conclusions of Law in an Ohio early voting case, determining that Ohio\'s reduction of in-person early voting days violated Equal Protection and the Voting Rights Act. Judge Watson dismissed additional claims brought by the plaintiffs. A bench trial was held in late 2015. The case is Ohio Democratic Party v. Husted.

District Court Upholds Virginia Voter ID Law

May. 19 (5:12 PM) - Today, U.S. District Judge Henry Hudson issued an opinion upholding Virginia\'s voter ID after a bench trial held in February. Judge Hudson determined that neither the enactment of the law nor its implementation violated the Voting Rights Act, the First Amendment, the Fourteenth Amendment, the Fifteenth Amendment, or the Twenty-Sixth Amendment. The case is Lee v. Virginia State Board of Elections.

Supreme Court: Texas voter ID law to remain in effect for now

Apr. 29 (1:00 PM) - [Read More]

District Court Upholds NC Voter ID Law

Apr. 26 (8:56 AM) - In a 485-page opinion released yesterday, U.S. District Judge Thomas Schroeder upheld North Carolina\'s voter ID law. A trial on the photo ID issue was held in January and February. The case is League of Women Voters of North Carolina v. Howard.

Behind New York’s Law Barring Late Party Registrations

Apr. 20 (1:37 PM) - v class="post-byline" data-reactid=".0.2:$346-law-barring-late-party-registrations-10955.$346-law-barring-late-party-registrations-10955.2.0.0">
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Supreme Court Denies Challenge to Arizona Redistricting

Apr. 20 (11:48 AM) - In an unanimous opinion, the U.S. Supreme Court today denied a challenge to Arizona\'s redistricting process done by commission. The case is Harris v. Arizona Independent Redistricting Commission.

7th Circuit Reverses District Court in Wisconsin Voter ID Case

Apr. 13 (11:28 AM) - In an opinion authored by Judge Frank Easterbrook, yesterday the 7th Circuit U.S. Court of Appeals reversed a District Court decision that rejected plaintiffs\' additional challenges to Wisconsin\'s voter ID law. The 7th Circuit ruled that the District Court should further consider plaintiffs\' arguments that certain persons are entitled to relief who face substantial obstacles to obtaining an acceptable form of identification. The case is Frank v. Walker.

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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

Is Ted Cruz Eligible to Be President? Let’s Find Out

Daniel P. Tokaji

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

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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

Hindel v. Husted

State: Ohio
Issue: Whether Ohio is violating the Americans with Disabilities Act by allegedly not providing equal opportunity for blind voters to vote absentee and access the Ohio Secretary of State's voter services website.

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