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Election Law @ Moritz

Election Law @ Moritz


Litigation

Moyer v. Cortes

Case Information

Date Filed / Ended: October 17, 2008 / December 24, 2008
State: Pennsylvania
Issues: Voter Registration, Voter Fraud
Courts that Heard this Case: Commonwealth Court of Pennsylvania (Case 497 MD 2008)

Issue:

Whether the Secretary of State of Pennsylvania must require first time registrants to show ID before voting and whether the Secretary must provide access to voter registration information to local officials so that they can ensure the fairness of the election.

Status:

Complaint, Motion for Preliminary Injunction, and Motion to Expedite Discovery were filed on 10/17/08.  Motion to Expedite Discovery was denied on 10/24/08.  Application for special injunction was denied on 10/30/08. Notice of discontinuance entered 12/24/08.

Commonwealth Court Documents

Related EL@M Stories

Commentary

Daniel P. Tokaji

Is Ted Cruz Eligible to Be President? Letís Find Out

Daniel P. Tokaji

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

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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

District Court Upholds Virginia Voter ID Law

Today, U.S. District Judge Henry Hudson issued an opinion upholding Virginia\'s voter ID after a bench trial held in February. Judge Hudson determined that neither the enactment of the law nor its implementation violated the Voting Rights Act, the First Amendment, the Fourteenth Amendment, the Fifteenth Amendment, or the Twenty-Sixth Amendment. The case is Lee v. Virginia State Board of Elections.

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