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Election Law @ Moritz

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Litigation

 

Townley v. Miller

Case Information

Date Filed: June 8, 2012
State: Nevada
Issue: Ballot Design
Courts that Heard this Case: U.S. District Court for Nevada (Case 3:12-cv-00310 ); U.S. Court of Appeals for the 9th Circuit (Case 12-16882 )

Issue:

Whether Nevada state law, which allows voters to choose "none of the above" as a ballot option, but then requires that those ballots not be counted, is Constitutional.

Status:

Complaint filed 6/8/12. Appeal to 9th Circuit filed 8/24/12. Order Granting Emergency Motion for Stay Pending appeal issued 9/5/12. Appellants' briefs filed 9/24/12. Appellees' Brief filed 11/5/12. Appellants' Reply Brief filed 12/3/12. Set for oral argument 3/11/13. Opinion Vacating and Remanding with Instructions to Dismiss for Lack of Standing filed 7/10/13. Order Dismissing Case and Final Judgment on 9/17/13. Petition for Writ of Cert. Denied on 1/14/14.

 

Circuit Court Documents

District Court Documents

Commentary

Daniel P. Tokaji

Why the Supreme Court Shouldn’t Intervene in Ohio

Daniel P. Tokaji

Briefing is now in the U.S. Supreme Court on Ohio’s emergency motion to stay the district court injunction restoring the rules regarding same day registration and early voting that existed before legislation enacted earlier this year (SB 238). In a previous post, I explained why the district court and Sixth Circuit panel’s rulings were faithful applications of legal precedent requiring close attention to the context in which restrictions on voting are enacted. This post explains why it would be unwise and disruptive for the Supreme Court to change the rules now – now literally on the eve of an election -- responding to comments that my colleague Ned Foley posted yesterday.

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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.

more EL@M in the news...

Info & Analysis

SCOTUS Grants Stay in Ohio Early Voting Case

With a 5-4 vote, the U.S. Supreme Court today granted a stay in NAACP v. Husted. The court's action blocks a district court order issued earlier this month and allows Ohio's shortened early voting period to go into effect.

more info & analysis...