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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Geller v. Democratic National Committee

Case Information

Date Filed / Ended: May 22, 2008 / August 15, 2008
State: Florida
Issue: Selection of Presidential Electors
Courts that Heard this Case: U.S. District Court for the Southern District of Florida (Case 0:08-cv-60774)

Issue:

Plaintiff is seeking injunctive relief in the form of an order requiring the DNC to honor votes that were cast in the Florida Democratic primary election. Plaintiff alleges constitutional violations and violations of the Voting Rights Act.

Status:

Complaint filed 5/22/08.  Motion for Summary Judgment filed by DNC on 6/12/08.  Plaintiffs have yet to respond.  Plaintiffs filed an unoppsed motion to dismiss (their complaint had become moot) on 8/14 and the case was dismissed with prejudice on 8/15.

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.

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