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Election Law @ Moritz

Election Law @ Moritz


Sandy Colloquy

This is a colloquy concerning the response to Hurricane Sandy

Sandy Colloquy 1: Could Election Day Be Washed Out?

Could Election Day be washed out? With Hurricane Sandy and Election Day upon us, this perfect storm could lead to a very imperfect election.

Hurricane Sandy has the potential to disrupt elections in key swing states. It is already affecting Virginia and its future path could wreak havoc in New Hampshire or Ohio and other states with close congressional races.

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Sandy Colloquy 2: Can Paper Save Election Day from Sandy?

This comment is part of a colloquy initiated by John Fortier's thoughts on the potential implications of Hurricane Sandy for this year's election.

John raises important questions, both about how to handle the electoral implications of Hurricane Sandy specifically and also more broadly about how states and the federal government can better prepare for future emergencies that disrupt voting on Election Day.

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Sandy Colloquy 3: Unintended Consequences

[This post continues a colloquy begun yesterday. Read Steve Huefner's initial post here; read John Fortier's first post here; read Ned Foley's first post here.]

The winds are still blowing here in Virginia, so the question of how the storm might affect our election is a live one. Ned Foley, as he often does, has deepened the discussion of this question, and he has turned our focus to the exact issue at hand.

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Sandy Colloquy 4: Hurricane Sandy, the 2012 Election, and Some Room for Compromise

[This post continues a colloquy begun yesterday. Read Steve Huefner's initial post here; read John Fortier's first post here; read Ned Foley's first post here; read John Fortier's second post here.

National disasters bring the country together. In the aftermath of the shooting at a "Congress on Your Corner" event featuring Representative Gabby Giffords in Tucson, Arizona, the United States reflected on our politics and civil discourse. Indeed, just two weeks later Members of Congress sat next to their political opponents at the State of the Union address to exhibit a sense of bipartisanship. The country demonstrated similar rallying behind President George W. Bush after the terrorist attacks of September 11, 2001.

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Sandy Colloquy 5: Making Every Effort to Vote On-time

If modern American political history is any guide, every effort will be made to conduct the election on its regularly scheduled date in all states affected by Sandy, for the simple reason that the USA (and the world, given the USA's out-sized importance to it since the 1940's) needs to have a result very quickly in order to make a smooth, effective transition possible if the challenger wins. That real-world pressure heavily affected the Bush v. Gore litigation's resolution. And so unless conditions are truly unworkable, in major metro areas especially, I expect the election to go forward on Nov. 6th, even if the results are messy in the sense that some voters don't show up for weather-related reasons and some machines fail and voters are asked to fill out paper ballots for that reason.

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Commentary

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

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In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

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Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

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