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Election Law @ Moritz

Election Law @ Moritz


Litigation

Brown v. Rokita

Case Information

Date Filed / Ended: November 3, 2008 / February 4, 2009
State: Indiana
Issue: Voter Registration
Courts that Heard this Case: U.S. District Court for the Southern District of Indiana (Case 1:08-cv-01484)

Issue:

Whether the rejection of voter registrations that were made using an "old form" of the state voter registration application violates the National Voter Registration Act, the Voting Rights Act, and the U.S. Constitution.

Status:

Complaint and Motion for Temporary Restraining Order filed on 11/3/08. Agreed Stipulation of Dismissal filed by Plaintiff and Defendant 1/28/09. Order of Dismissal without Prejudice entered 2/4.

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

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.

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