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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

League of Women Voters of Florida v. Detzner

Case Information

Date Filed: December 15, 2011
State: Florida
Issue: Voter Registration
Courts that Heard this Case: United States District Court for the Northern District of Florida (Case 4:11-cv-00628); U.S. Court of Appeals for the 11th Circuit (Case )

Issue:

Whether Florida's new law regarding voter registration activities (1) violates the First Amendment by unlawfully restricting citizens' right to free speech and assembly; (2) is unconstitutionally vague; (3) violates the National Voter Registration Act of 1993; or (4) violates section 2 of the Voting Rights Act.

Status:

Complaint filed 12/15/11. Motion for Preliminary Injunction filed 12/19/11. Preliminary Injunction Granted 5/31/12. Preliminary Injunction Appealed 7/2/12. Joint Motion for Permanent Injunction filed 8/10/12. Permanent Injunction granted 8/30/12.

See also Florida v. US

 

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

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

more info & analysis...