OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

McCorvey v. Browning

Case Information

Date Filed / Ended: April 7, 2008 / July 13, 2008
State: Florida
Issue: Selection of Presidential Electors
Courts that Heard this Case: U.S. District Court for the Northern District of Florida (Case 4:08-cv-00218)

Issue:

Whether Florida's amendment of statutory Section 103.101, which changed the date of Florida's primary election in violation of the Democratic National Party's rules, violated plaintiff's rights under the first and fourteenth amendments of the constitution.

Status:

Complaint filed 4/7/08. Defendants' Motions to Dismiss and Plaintiff's Motion for Summary Judgment are pending.  Court granted Motion to Dismiss as to the AG but denied it as to the Sec State (7/13).  Motion for Summary Judgment denied (7/13) and case is stayed until after the November elections.

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.

more commentary...

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

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...