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Election Law @ Moritz

Election Law @ Moritz


Litigation

Alaska Democratic Party v. Fenumiai, et al.

Case Information

Date Filed: October 25, 2010
State: Alaska
Issues: Election 2010, Polling Place Challenges
Courts that Heard this Case: Superior Court for the State of Alaska, Third Judicial District (Case 3AN-10-11621CI); Supreme Court of the State of Alaska (Case S-14054)

Issue:

Whether Alaska's Division of Elections can display, distribute or communicate write-in candidate lists at polling locations.

Status:

Stay of Trial Court Order entered 10/27/10.

Trial Court Documents

  • Complaint for Injunctive Relief (filed 10/25/10)
  • Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support (filed 10/25/10)
  • Defendant's Opposition to Motion for a Temporary Restraining Order and Preliminary Injunction (filed 10/26/10)
  • Defendant's Citation of Supplemental Authority (filed 10/26/10)
  • Alaska Republican Party's Reply to State/Murkowski Briefing (filed 10/26/10)
  • Decision and Order PDF (entered 10/27/10)

Appellate Court Documents

  • Notice of Appeal (filed 10/27/10)
  • Order granting stay of Trial Court order PDF (entered 10/27/10)

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

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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.”

more EL@M in the news...

Info & Analysis

Michigan Federal Judge Blocks Law Prohibiting Straight Ticket Voting

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.

more info & analysis...