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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

True the Vote, Inc. v. Stewart

Case Information

Date Filed: December 12, 2013
State: Colorado
Issue: Voter Registration
Courts that Heard this Case: U.S. District Court of Colorado (Case 1:13-cv-03369)

Issue:

Issue 1:

Did Defendant Stewart fail to maintain the voter list in violation of Section 8 of the National Voter Registration Act of 1973, 42 U.S.C. 1973?

Issue 2: 

Does Defendant Stewart's failure to respond to Plaintiff True the Vote's request for data and records violate Section 8 of the National Voter Registration Act of 1973, 42 U.S.C. 1973? If so, did the violation cause Plaintiff True the Vote informational injury? 

Issue 3:

Does Colorado's Voter Access and Moderized Elections Act of 2013 violate the National Voter Registration Act of 1973, 42 U.S.C. 1973?

Status:

Complaint filed 12/12/13. Voluntary Dismissal of Case by Plaintiff filed 1/24/14.

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...