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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

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

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