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Election Law @ Moritz

Election Law @ Moritz


Litigation

In the Matter of Philip Ragusa

Case Information

Date Filed / Ended: November 4, 2008 / December 19, 2008
State: New York
Issue: Recount Resources
Courts that Heard this Case: Supreme Court, Queens County (Case ); Supreme Court, Appellate Division, Second Judicial Department (Case 2008-11181)

Issue:

Whether the parties had been given an opportunity pursuant to Election Law section 9-209(2)(d) to make objections to the casting or refusal to cast approximately 1,700 ballots found by Board of Elections personnel to be preliminarily invalid.

Status:

Decision and Order entered by the Supreme Court of New York, Appellate Division, Second Judicial Department on 12/19/08.

Supreme Court, Appellate Division 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.”

more EL@M in the news...

Info & Analysis

D.C. Federal Judge Denies Attempt to Block States\' Use of Proof of Citizenship Requirement

D.C.-based U.S. District Judge Richard Leon recently issued an opinion denying an attempt to block Arizona, Georgia, and Kansas from requiring proof of citizenship from voters using the National Mail Voter Registration Form. Judge Leon denied the plaintiffs\' motion for a preliminary injunction, but will consider the merits of the parties\' arguments in full at a later stage of the litigation. The case is League of Women Voters v. Newby.

more info & analysis...