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Election Law @ Moritz

Election Law @ Moritz


Litigation

Montana Democratic Party v. Eaton

Case Information

Date Filed / Ended: October 6, 2008 / October 10, 2008
State: Montana
Issue: Voter Registration
Courts that Heard this Case: U.S. District Court for the District of Montana (Case 9:08-cv-00141)

District Court Documents

Commentary

Daniel P. Tokaji

Why the Supreme Court Shouldn’t Intervene in Ohio

Daniel P. Tokaji

Briefing is now in the U.S. Supreme Court on Ohio’s emergency motion to stay the district court injunction restoring the rules regarding same day registration and early voting that existed before legislation enacted earlier this year (SB 238). In a previous post, I explained why the district court and Sixth Circuit panel’s rulings were faithful applications of legal precedent requiring close attention to the context in which restrictions on voting are enacted. This post explains why it would be unwise and disruptive for the Supreme Court to change the rules now – now literally on the eve of an election -- responding to comments that my colleague Ned Foley posted yesterday.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

more EL@M in the news...

Info & Analysis

Ohio Files Emergency Application for Stay with SCOTUS in Early Voting Case

Today, the state of Ohio filed an emergency application in the U.S. Supreme Court for a stay of the Sixth Circuit Court of Appeals decision issued yesterday. That decision affirmed the District Court in blocking an Ohio law reducing the number of days for early voting. The case is NAACP v. Husted.

more info & analysis...