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Election Law @ Moritz

Election Law @ Moritz


Litigation

NAACP-SCP v. Cortes

Case Information

Date Filed / Ended: October 23, 2008 / January 28, 2009
State: Pennsylvania
Issue: Voting Technology
Courts that Heard this Case: U.S. District Court for the Eastern District of Pennsylvania (Case 2:08-cv-05048)

Issue:

Whether polling locations can be required to distribute emergency paper ballots to voters when 50% or more voting machines become inoperable at a specific location.  Pennsylvania Secretary of the Commonwealth Pedro Cortes has issued a directive requiring that paper ballots be distributed when 100% of the voting machines at a polling location have failed.  The plaintiffs, concerned about long lines due to malfunctioning voting machines, allege that not providing emergency paper ballots in cases where there is less than 100% voting machine failure would violate the constitutional rights of voters. 

Status:

Complaint and Motion for Preliminary Injunction filed on 10/23/08.  Motion for Preliminary Injunction granted on 10/29/08.  Order granting all defendants an extension of time to move, answer or otherwise respond to the complaint until 1/9/09 entered 12/15/08. Motion for Permanent Injunction filed by NAACP on 1/26/09.  Motion for Permanent Injunction Granted 1/28/09.

District Court Documents

Related Links

Commentary

Daniel P. Tokaji

The Supreme Court and the RIght to Vote

Daniel P. Tokaji

For over 130 years, the U.S. Supreme Court has said that the right to vote fundamental. The idea is that voting for candidates who represent our views is the primary means through which we protect our interests, whatever they might be.  Yet ecent events raise serious questions about the currently short-staffed Supreme Court’s capacity to protect the right to vote against 21st Century threats. 

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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, Rules Against State in Ohio Voter Rolls Case

In an opinion issued today, a three-judge panel of the Sixth Circuit U.S. Court of Appeals ruled that Ohio\'s procedures for removing voters from registration rolls violates the National Voter Registration Act and the Help America Vote Act. The case is Ohio A. Philip Randolph Institute v. Husted.

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