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Election Law @ Moritz

Election Law @ Moritz


Litigation

Project Vote v. Madison County Board of Elections

Case Information

Date Filed / Ended: September 24, 2008 / December 24, 2008
State: Ohio
Issues: Absentee Ballots, Voter Registration
Courts that Heard this Case: U.S. District Court for the Northern District of Ohio (Case 1:08-cv-02266)

Issue:

Whether the County Board of Elections' decision to only provide absentee ballots to voters who have been registered more than 30 days before the date they request the absentee ballot violates various provisions of state and federal law.  This case is closely related to State ex rel. Colvin v. Brunner, in which the plaintiffs are attempting to challenge the Secretary of State's directive that interprets Ohio law as providing a "five-day window" in which individuals may simultaneously register and receive an absentee ballot.

DISCLOSURE

Status:

Complaint and Application for a Temporary Restraining Order (TRO) were filed on 9/24/08.  The TRO was issued by the Court on 9/29/08.

Related Case: State ex. rel. Colvin v. Brunner

District Court Documents

Related Links

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

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Info & Analysis

Federal District Court Panel Finds Unconstitutional Gerrymandering in Alabama

In an opinion released today, a three-judge panel of the U.S. District Court for the Middle District of Alabama found unconstitutional gerrymandering in 12 Alabama districts. In a separate concurring and dissenting opinion, one judge on the panel would have found more districts unconstitutionally drawn. The case is Alabama Democratic Conference v. Alabama.

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