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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Fair Elections Ohio, The Amos Project, et al v. Husted

Case Information

Date Filed: October 15, 2012
State: Ohio
Issue: Absentee Ballots
Courts that Heard this Case: United States District Court for the Southern District of Ohio (Case 1:12-cv-00797-SJD); Sixth Circuit U.S. Court of Appeals (Case 14-4007)

Issue:

Whether it is constitutional for Ohio to fail to make provisions for persons arrested after the absentee ballot deadline (the Saturday before the election at noon) to vote from jail.

Status:

Complaint filed 10/15/12. First-amended complaint filed 10/18/12. Hearing on motion for Temporary Restraining Order set for 10/23/12. Plaintiff's Motion for Temporary Restraining Order denied 11/1/12. Answer filed 11/6/12. Joint Discovery Plan filed 12/28/12. Preliminary Pretrial Order filed 1/16/13. Answer of Defendant Preisse filed 1/22/13. Final Pretrial Conference set for 6/27/14. Emergency Motion to Exclude Defendants Jon Husted and Attorney General Mike DeWine filed 2/28/14. Order denying motion to exclude filed 3/4/14. Defendant and Plaintiffs' Motion for Summary Judgment filed 6/5/14. Defendant and Plaintiffs' Replies to Motion for Summary Judgment filed 6/30/14. Defendant's Reply to Motion for Summary Judgment filed 7/14/14. Plaintiffs' Reply in Support of Motion for Summary Judgment filed 7/15/14. Order granting Plaintiff's Motion for Summary Judgment filed 9/16/14. Defendant's Notice of Appeal filed 10/15/14. Opinion finding lack of standing filed 10/24/14. Order dismissing case filed 11/20/14.

 

Circuit Court of Appeals Documents

District Court Documents

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Trump Calls for Voter Fraud Probe: A Look at Past Inquiries

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”
 


 

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Info & Analysis

U.S. District Judge Rules that Ohio Voter Services Website Violates ADA

A U.S. District Judge issued an opinion finding that the Ohio Secretary of State\'s voter services website violates Title II of the Americans with Disabilities Act because it is not accessible to visually impaired Ohio voters. Judge George C. Smith ordered Secretary of State John Husted to make the site more accessible by September 29, 2017. As discussed in the opinion, the information on the voter services site does not meet established standards of accessibility for visually impaired voters who use screen reading software. The case is Hindel v. Husted.

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