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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Fair Elections Ohio, Brunner v. Husted

Case Information

Date Filed: August 24, 2012
State: Ohio
Issue: Early Voting
Courts that Heard this Case: United States District Court for the Southern District of Ohio (Case 2:12-cv-00763-GCS-MRA)

Issue:

Whether Ohio unconstitutionally burdened citizens' right to petition by referendum when it refused to place on the ballot a petition challenging a law on Ohio elections (including early voting).

Status:

Complaint filed 8/24/12. Motion to Dismiss filed 1/14/13. Opinion and order filed 6/19/13.

 

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

U.S. District Judge Blocks Enforcement of Ohio Statutes

In an opinion released today, U.S. District Judge Algenon Marbley enjoined the enforcement of various statutes amended by the Ohio General Assembly in 2014. The amendments altered certain requirements for absentee and provisional voting. According to Judge Marbley, the amendments violated the Voting Rights Act and the 14th Amendment. The case is NEOCH v. Husted.

more info & analysis...