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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

In re Mondello

Case Information

Date Filed / Ended: March 31, 2009 / April 15, 2009
State: New York
Issue: Election Contest
Courts that Heard this Case: New York Supreme Court (Dutchess County) (Case 002254/2009)

Issue:

Whether irregularities and close margin for the special election requires oversight by the court for counting and recounting votes, including those cast by absentee ballots.

Status:

Verified Petition and Order to Show Cause filed 3/31. Order requiring counting of absentee ballots to begin April 8 entered 4/6.  Decision and order entered 4/15.

Court Documents

Related Articles

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.

more commentary...

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.”

more EL@M in the news...

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.

more info & analysis...