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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

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

U.S. District Judge Rules for Plaintiffs in Ohio Early Voting Case

Today, U.S. District Judge Michael Watson issued Findings of Fact and Conclusions of Law in an Ohio early voting case, determining that Ohio\'s reduction of in-person early voting days violated Equal Protection and the Voting Rights Act. Judge Watson dismissed additional claims brought by the plaintiffs. A bench trial was held in late 2015. The case is Ohio Organizing Collaborative v. Husted.

more info & analysis...