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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Ray v. Franklin County Board of Elections

Case Information

Date Filed / Ended: November 15, 2008 / November 17, 2008
State: Ohio
Issue: Absentee Ballots
Courts that Heard this Case: U.S. District Court for the Southern District of Ohio (Case 2:08-cv-01086)

Issue:

Whether the Franklin County Board of Elections shall be required (under HAVA, the ADA, and the 14th Amendment of the Constitution) to accomodate disabled voters who are unable to go in person to the Board of Elections to cure alleged defects in their absentee ballots.

Status:

Complaint and Motion for Temporary Restraining Order filed on 11/15/08.  Temporary Restraining Order and Preliminary Injunction granted on 11/17/08.

U.S. District Court Documents

Commentary

Election Law @ Moritz is 10 Years Old!

Back in 2004, those of us who worked on election law here at Ohio State realized that Ohio might play a pivotal role in the upcoming presidential election. (It did, but for the sake of the nation not as pivotally as it might have.) We also knew that 2004 would be the first presidential election after passage of the Help America Vote Act, with all its new rules on voter registration databases, voter identification, and provisional ballots. We thought it might be useful if, as a team, we tried to get up to speed on the new terrain of “election administration law,” which had been a sleepy field in terms of scholarship before 2000. We had a sense that teamwork would enable us to produce various forms of useful scholarship that we could not accomplish working separately.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

U.S. District Judge Grants Summary Judgment to Plaintiffs in Ohio Absentee Voting Case Involving Jailed Citizens

U.S. District Judge Arthur Spiegel yesterday granted summary judgment in an absentee voting case, ruling that Ohio must provide absentee voting assistance to late-jailed electors. The case is Fair Elections Ohio v. Husted.

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