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Election Law @ Moritz

Election Law @ Moritz


Litigation

Rhode Island ACLU v. Board of Elections

Case Information

Date Filed: September 11, 2008
State: Rhode Island
Issue: Voter Registration
Courts that Heard this Case: Providence Superior Court (Case )

Issue:

R.I. Gen. Laws § 17-1-3 permits a person who has not registered to vote to appear at his or her city or town hall and cast a vote in a presidential election.  The Rhode Island Board of Elections has adopted a new administrative regulation that allows towns and cities to designate a different location for this same day voter registration procedure if "voting in a city or town hall has become impracticable due to inadequacy of the available facilities or other concerns."  The issue is whether this newly adopted administrative regulation impermissibly conflicts with R.I. Gen. Laws § 17-1-3.

Status:

NOTICE: The electronic docket for this case is not freely available to the public. Filings in this case are not being monitored on a daily basis. Select documents will be added to this page when possible.

Trial Court Documents

Related EL@M Stories

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

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

more info & analysis...