OSU Navigation Bar

Election Law @ Moritz Home Page

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

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. 

more commentary...

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

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.

more info & analysis...