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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Fitrakis v. Husted (state court)

Case Information

Date Filed: November 5, 2012
State: Ohio
Issue: Voting Technology
Courts that Heard this Case: Franklin County Common Pleas Court (Case 12 CV 013888)

Issue:

Whether Ohio's use of certain software for electronic voting machines violates plaintiff's rights under 42 U.S.C. 1983; whether Secretary of State Husted, as a public official, spent public funds without authorization.

Status:

Complaint and Motion for Temporary Restraining Order filed 11/5/12. Motion for TRO denied 11/6/12. Motion to Dismiss filed 11/27/12. ESS Motion to Dismiss granted 1/25/13.

 

Common Pleas 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...