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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Project Vote v. Kelly

Case Information

Date Filed: July 22, 2009
State: Pennsylvania
Issues: Ballot Access, Voter Registration
Courts that Heard this Case: U.S. District Court for the Western District of Pennsylvania (Case 2:09-cv-00951)

Issue:

Whether a Pennslyvania statute forbiding the payment of persons to solicit voter registration violates the First and Fourteenth Amendments to the Constitution.

Status:

 Judgment Entered 7/27/11. Defendant's Motion for Judgment on the Pleadings filed 7/16/10. Motion for Judgment on the Pleadings Denied file 9/28/10. ACORN Dismissed as Plaintiff filed 11/04/10. Defendant's and Plaintiff's Motion for Summary Judgment filed 4/11/11. Briefs in Opposition filed 5/13/11.

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.

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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

U.S. District Judge Blocks Enforcement of Ohio Statutes

In an opinion released today, U.S. District Judge Algenon Marbley enjoined the enforcement of various statutes amended by the Ohio General Assembly in 2014. The amendments altered certain requirements for absentee and provisional voting. According to Judge Marbley, the amendments violated the Voting Rights Act and the 14th Amendment. The case is NEOCH v. Husted.

more info & analysis...