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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

McComish v. Bennett

Case Information

Date Filed: November 29, 2010
State: Arizona
Issue: Campaign Finance
Courts that Heard this Case: U.S. Supreme Court (Case 10-239); U.S. Court of Appeals for the 9th Circuit (Case 10-15166); U.S. Court of Appeals for the 9th Circuit (Case 10-15165)

Issue:

Whether Arizona campaing finance law violates the first and fourteenth amendments.

Status:

Opinion Issued  6/27/11. Reply Brief of Petitioner McCommish filed 3/15/11. Reply Brief of Petitioner Arizona Free Enterprise Club's Freedom Club PAC filed 3/16/11. Motion of Acting-Solicitor General to Argue as Amicus Curie Granted entered 3/18/11. Motion of Petitioners for Divided Argument Denied entered 3/18/11.  Case Argued 3/28/11.

Supreme Court Documents

Court of Appeals 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

Michigan Federal Judge Blocks Law Prohibiting Straight Ticket Voting

U.S. District Judge Gershwin Drain issued an opinion blocking enforcement of a Michigan law prohibiting straight-ticket voting. This voting method allows voters to easily select the entire slate of candidates on the ballot from a particular party. Michigan abolished straight-ticket voting by enacting a law effective in January. In granting the plaintffs\' motion for a preliminary injunction, Judge Drain determined that the law \"presents a disproportionate burden on African-Americans\' right to vote.\" The case is Michigan State A. Philip Randolph Institute v. Johnson.

more info & analysis...