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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Obama for America v. Husted

Case Information

Date Filed: July 17, 2012
State: Ohio
Issue: Early Voting
Current Court: United States District Court for the Southern District of Ohio (Case 2:12cv00636)

Issue:

Whether Ohio's current election law, which restricts early voting in the three days prior to an election on certain voters, violates 42 USCA 1983 and/or the Equal Protection Clause of the 14th Amendment.

Status:

Complaint filed 7/17/12. Motion for Preliminary Injunction filed 7/17/12. Motion to Intervene Granted 8/6/12. Hearing on Motion for Preliminary Injunction held 8/15/12. Opinion and Order Granting Motion for Preliminary Injunction filed 8/31/12. Notice of Appeal of Preliminary Injunction filed 9/4/12. Motion to Enforce Court's Order filed 9/5/12. Hearing on Motion set for 9/13/12. Hearing set for 9/13/12 vacated. Appellants' brief filed 9/10/12. Appellees' brief filed 9/17/12. Reply Brief filed 9/21/12. Opinion affirming district court filed 10/5/12. Application for stay filed in Supreme Court 10/9/12. Reply Brief filed 10/13/12. Stay denied 10/16/12. Answer filed 12/3/12. Status Conference scheduled held 3/18/14. Dispositive motions due 5/1/14. Plaintiffs' Motion for Summary Judgment filed 5/1/14. Defendants' Response to Motion for Summary Judgment filed 5/9/14. Opinion and Order Granting Permanent Injunctive Relief to Plaintiffs filed 6/11/14.

District Court Documents

Court of Appeals Documents

Supreme Court Documents

 

 

Commentary

Election Law @ Moritz is 10 Years Old!

Back in 2004, those of us who worked on election law here at Ohio State realized that Ohio might play a pivotal role in the upcoming presidential election. (It did, but for the sake of the nation not as pivotally as it might have.) We also knew that 2004 would be the first presidential election after passage of the Help America Vote Act, with all its new rules on voter registration databases, voter identification, and provisional ballots. We thought it might be useful if, as a team, we tried to get up to speed on the new terrain of “election administration law,” which had been a sleepy field in terms of scholarship before 2000. We had a sense that teamwork would enable us to produce various forms of useful scholarship that we could not accomplish working separately.

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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

Supreme Court of Kansas Orders Taylor's Name to be Removed from U.S. Senate Ballot

In an opinion issued yesterday, the Supreme Court of Kansas ordered Kansas Secretary of State Kris Kobach to remove Democratic candidate for U.S. Senate Chad Taylor from the ballot for the general election. Removing Taylor leaves Republican incumbent Pat Roberts and independent candidate Greg Orman on the ballot. Taylor requested his removal earlier this month. The case is Taylor v. Kobach.

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