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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

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Commentary

Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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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

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

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