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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

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

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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 Blocks Enforcement of Ohio Statutes

In an opinion released today, U.S. District Judge Algenon Marbley enjoined the enforcement of various statutes amended by the Ohio General Assembly in 2014. The amendments altered certain requirements for absentee and provisional voting. According to Judge Marbley, the amendments violated the Voting Rights Act and the 14th Amendment. The case is NEOCH v. Husted.

more info & analysis...