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Election Law @ Moritz

Election Law @ Moritz


Litigation

Susan B. Anthony List v. Driehaus, et al.

Case Information

Date Filed: October 18, 2010
State: Ohio
Issue: Freedom of Information
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 1:10-cv-720); U.S. Court of Appeals for the 6th Circuit (Case 10-4320)

Issue:

Whether Ohio Revised Code Sections 3517.21(B)(9) and (10) are facially unconstitutional due to vagueness and lacking an actual malice requirement, and unconstitutional as applied to lobbyists taking positions on political issues. 

Status:

Order Granting Motion to Dismiss Case entered 12/20/10.

District Court Documents

Court of Appeals 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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