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Election Law @ Moritz

Election Law @ Moritz


Litigation

State ex. rel. Colvin v. Brunner

Case Information

Date Filed / Ended: September 12, 2008 / September 29, 2008
State: Ohio
Issues: Absentee Ballots, Voter Registration
Courts that Heard this Case: Ohio Supreme Court (Case 2008-1813)

Issue:

Whether Secretary of State Jennifer Brunner's directive (2008-63), which gives voters a five-day window (30-35 days before the election) within which they may simultaneously register and receive an absentee ballot, impermissibly conflicts with state statutory election laws. 

DISCLOSURE

Status:

A petition for writ of mandamus was filed with the Ohio Supreme Court on 9/12/08.  Answer filed on 9/22/08.  Plaintiff's brief filed 9/22/08.  The petition for writ of mandamus was denied on 9/29/08.

 

Analysis: Ohio 5-Day Window Suit

Ohio Supreme Court Documents

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Commentary

Daniel P. Tokaji

The Supreme Court and the RIght to Vote

Daniel P. Tokaji

For over 130 years, the U.S. Supreme Court has said that the right to vote fundamental. The idea is that voting for candidates who represent our views is the primary means through which we protect our interests, whatever they might be.  Yet ecent events raise serious questions about the currently short-staffed Supreme Court’s capacity to protect the right to vote against 21st Century threats. 

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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.”

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Info & Analysis

6th Circuit Reverses District Court, Rules Against State in Ohio Voter Rolls Case

In an opinion issued today, a three-judge panel of the Sixth Circuit U.S. Court of Appeals ruled that Ohio\'s procedures for removing voters from registration rolls violates the National Voter Registration Act and the Help America Vote Act. The case is Ohio A. Philip Randolph Institute v. Husted.

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