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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Conservative Party of New York State, et al., v. New York State Board of Elections, et al.

Case Information

Date Filed: September 14, 2010
State: New York
Issues: Voting Technology, Vote Dillution
Courts that Heard this Case: U.S. District Court for the Southern District of New York (Case 1:10-cv-06923)

Issue:

Whether New York's policy of, when a voter selects the same candidate multiple times under multiple party affiliations, counting only the vote for the first party selected, and thus depriving the second party of credit for receiving a vote on their party, without notice to the voter, is unconstitutional.

Status:

Consent Decree Dismissing Case entered 9/8/11. Oral Argument Held on Motion to Dismiss 1/31/11.  Plaintiff's Supplemental Memorandum of Law on Motion to Dismiss First Amended Complaint filed 2/3/11.  Order Denying Motion to Dismiss entered 2/10/11. Civil Case Management Plan entered 3/1/11. Order Referring Case to Magistrate Judge for Settlement entered 4/7/11.  Order and Opinion Denying Defendant's Motion to Dismiss 5/10/11. Consent Decree Dismiss Case filed (9/08/11)

District Court Documents

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.”

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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...