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Election Law @ Moritz

Election Law @ Moritz


Litigation

United States of America v. New York Board of Elections

Case Information

Date Filed: March 1, 2006
State: New York
Issue: Voting Technology
Courts that Heard this Case: U.S. District Court for the Northern District of New York (Case 1:06-cv-00263-GLS )

Issue:

Whether the State of New York has meet its obligations under the national Help America Vote Act (HAVA), which requires, among other things, up-to-date and accessible voting machines.

Status:

Motion hearing held on 12/20/07. Supplemental Remedial Order issued 1/16/08, granting judgment for the Plaintiffs.  The Court is currently overseeing NY efforts to bring their election system into compliance with federal law. 

U.S. District Court, Northern District of New York

Related News Articles

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 Rules for State in Ohio NVRA Case

In an order issued late yesterday, U.S. District Judge George Smith denied plaintiffs\' motion for summary judgment in a case challenging the removal of voters from the rolls for non-participation in recent elections. Judge Smith ruled that this practice does not violate the National Voter Registration Act (NVRA). He entered final judgment in favor of the defendant, Ohio Secretary of State Jon Husted, clearing the path for a possible appeal to the Sixth Circuit. The case is Ohio A. Philip Randolph Institute v. Husted.

more info & analysis...