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Election Law @ Moritz

Election Law @ Moritz


Litigation

Miller v. Lieutenant Governor Craig Campbell, et. al.

Case Information

Date Filed: November 9, 2010
State: Alaska
Issue: Election 2010
Courts that Heard this Case: U.S. District Court for the District of Alaska (Case 3:10-cv-00252); State of Alaska Superior Court, Fourth District (Case 4FA-10-3151)

Issue:

Whether the Defendants are in violation of the Elections Clause of the US Constitution prohibiting the enacting of election provisions inconsistent with legislative mandates, and in violation of the Equal Protection Clause of the US Constitution regarding the policy of attempting to divine the “intent of the voter” from write-in ballots.

Status:

Motion to file Amended Complaint filed 12/27/10.  Miller's Motion for Summary Judgment filed 12/27/10.  Motion in Opposition to Miller's Motion for Summary Judgment filed 12/27/10.  Motion to Expedite Order to Lift Preliminary Injunction filed 12/27/10.  Judgment Dismissing Plaintiff's Complaint (as amended) entered 12/29/10.

District Court Documents

State Superior Court Documents

State Supreme Court Documents

Commentary

Edward B. Foley

Ohio Early Voting Case: A Potential Precedent-Setter

Edward B. Foley

Today’s federal district court ruling in the Ohio early voting lawsuit will set a major precedent of nationwide significance if its novel legal theory is sustained on appeal.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

U.S. District Judge Grants Summary Judgment to Plaintiffs in Ohio Absentee Voting Case Involving Jailed Citizens

U.S. District Judge Arthur Spiegel yesterday granted summary judgment in an absentee voting case, ruling that Ohio must provide absentee voting assistance to late-jailed electors. The case is Fair Elections Ohio v. Husted.

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