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Election Law @ Moritz

Election Law @ Moritz


Litigation

Daien v. Ysursa

Case Information

Date Filed: January 21, 2009
State: Idaho
Issue: Ballot Access
Courts that Heard this Case: U.S. District Court for the District of Idaho (Case 1:09-cv-00022)

Issue:

Whether Idaho laws on ballot access are in violation of the 1st and 14th Amendments in their application to independent candidates.

Status:

Order denying Defendant's motion and granting Plaintiff's motion for summary judgment entered 4/19/10.  Judgment in accordance with the Memorandum Decision and Order entered 5/5/10.  Motion for Attorney's Fees filed 6/18/10.

Federal 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

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...