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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

McCutcheon v. FEC

Case Information

Date Filed: June 22, 2012
State: Washington, D.C.
Issue: Campaign Finance
Courts that Heard this Case: United States District Court for the District of Columbia (Case 1:12-cv-01034-JEB-JRB-RLW); United States Supreme Court (Case 12-536)

Issue:

Whether the aggregate federal donation limits for each election cycle violate the 1st amendment.

Status:

Complaint filed 6/22/12. Memorandum Opinion issued 9/28/12. Notice of Appeal to U.S. Supreme Court filed 10/9/12. FEC's Motion to Dismiss or Affirm filed 1/2/13. Appellants' Brief Opposing Motion to Dismiss or Affirm filed 1/14/13. Brief of Republican National Committee filed 5/6/13. Brief of Appellant Shaun McCutcheon filed 5/6/13. Argued 10/8/13. Reversed and remanded on 4/2/14.Final Judgment filed 8/15/14.

 

Supreme Court Documents

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 Blocks Enforcement of Ohio Statutes

In an opinion released today, U.S. District Judge Algenon Marbley enjoined the enforcement of various statutes amended by the Ohio General Assembly in 2014. The amendments altered certain requirements for absentee and provisional voting. According to Judge Marbley, the amendments violated the Voting Rights Act and the 14th Amendment. The case is NEOCH v. Husted.

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