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Election Law @ Moritz

Election Law @ Moritz


Litigation

Curley v. Lake County Board of Elections

Case Information

Date Filed / Ended: October 2, 2008 / October 31, 2008
State: Indiana
Issues: Voter Registration, Early Voting
Courts that Heard this Case: U.S. District Court for the Northern District of Indiana (Case 2:08-cv-00287); Indiana Supreme Court (Case 45A03-0810-CV-512); Indiana Court of Appeals (Case 45A03-0810-CV-512)

Issue:

Whether the Lake County Board of Election’s establishment of satellite offices for in-person absentee ballot voting violates Indiana state election law. The Board of Elections claims that it was obligated to take the challenged actions in order to comply with the Voting Rights Act.

Status:

NOTICE: The electronic dockets for the state courts in this case are not freely available to the public. Filings in this case are not being monitored on a daily basis. Select documents will be added to this page when possible.

Indiana Court of Appeals Documents

Indiana Supreme Court Documents (2nd Appeal)

Special Superior Court Proceedings

  • Order PDF (entered 10/22/08)

Indiana Supreme Court Documents (1st Appeal)

  • Order PDF (entered 10/14/08)

Superior Court Documents

U.S. District Court Documents

Related Links

Commentary

Daniel P. Tokaji

Is Ted Cruz Eligible to Be President? Letís Find Out

Daniel P. Tokaji

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

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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 Plaintiffs in Ohio Early Voting Case

Today, U.S. District Judge Michael Watson issued Findings of Fact and Conclusions of Law in an Ohio early voting case, determining that Ohio\'s reduction of in-person early voting days violated Equal Protection and the Voting Rights Act. Judge Watson dismissed additional claims brought by the plaintiffs. A bench trial was held in late 2015. The case is Ohio Organizing Collaborative v. Husted.

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