Recent Opinion Articles
- Uncounted Ballots: A Measure of Vulnerability
Edward B. Foley, November 5 - Election Commissions and Supreme Courts
Edward B. Foley, October 20 - Line-drawing after Overruling Austin
Edward B. Foley, September 9 - Citizens United, Stare Decisis, and Democracy
Edward B. Foley, July 31 - Impressive Unanimity: the Historical Significance of Coleman v. Franken
Edward B. Foley, June 30
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Topic-by-Topic Coverage (Provisional Ballots)
Coverage by State | Coverage by Topic
News and Analysis
December, 2008
- Motion Filed to Enjoin Ohio Supreme Court Order (12/15/08)
- OH-15 race resolved, Kilroy wins and no recount triggered (12/07/08)
- Summary of today's Ohio Supreme Court decision on provisional ballots (12/05/08)
- Ohio Supreme Court to Franklin County - do not count disputed provisional ballots (12/05/08)
- More on the Ohio Election Summit (12/05/08)
- Ohio Election Summit starts to evaluate the 2008 election (12/03/08)
- OH-15: Parties file briefs in Skaggs (12/01/08)
November, 2008
- 6th Circuit issues important decision in League of Women Voters v. Brunner (11/26/08)
- OH-15: Stivers leads by 594 votes (11/25/08)
- Skaggs briefs due to Ohio Supreme Court by 10:00AM Monday (11/25/08)
- 6th Circuit Sends Case Back to Ohio Supremes (11/25/08)
- OH-15: Briefs have been filed in Skaggs 6th Circuit appeal (11/25/08)
- Disputes in New York state senate race parallel those in OH-15 race (11/21/08)
- Order in Skaggs stayed until Nov. 28 while 6th Circuit hears appeal (11/20/08)
- Judge in Skaggs rules that the challenged provisional ballots should be counted (11/20/08)
- Alaska Senate race: Begich defeats Stevens and a recount is unlikely (11/19/08)
- CA-4: 29,000 Ballots Remain to be Counted (11/19/08)
- OH-15: Federal judge expected to rule tomorrow (11/19/08)
- Rivals in two House races both attend congressional orientation (11/18/08)
- Provisionals in OH-15 race will not be counted until Friday (11/18/08)
- Plaintiff in Skaggs also has confusing absentee ballot status (11/17/08)
- Federal judge keeps Ohio provisional ballot case (11/17/08)
- OH-15: Ruling expected 8:30 a.m. Monday on provisional ballot case (11/15/08)
- Waiting for result in federal court hearing on OH-15 provisional ballots (11/15/08)
- Plaintiffs in Skaggs, hoping for remand, ask Ohio Supreme Court for TRO (11/14/08)
- Brunner wants to consolidate latest lawsuit by Stivers supporters with NEOCH v. Blackwell (11/14/08)
- OH-15: First lawsuit challenging provisional ballots in close House race (11/13/08)
- New TX Lawsuit re: Provisionals (11/12/08)
- GA Ballots Thrown Out on Citizenship Grounds (11/10/08)
- Close races update - NC goes for Obama, OR Senate race called, 55,000 votes to be counted in Alaska Senate race (11/06/08)
- OH-15 depends on provisional & other uncounted ballots (11/06/08)
- OH-15 congressional race too close to call; may be related to Franklin County poll book mistake (11/05/08)
- Election Law @ Moritz signing off (11/04/08)
- Breaking News: Federal District Court Grants Motion to Consolidate ORP v. Brunner with NEOCH Case. (11/04/08)
- Georgia poll workers not giving out provisional ballots unless voters have ID (11/04/08)
- New York college students not in pollbooks and not given affidavit ballots (11/04/08)
- Brunner Tries to Consolidate Provisional Ballot Cases (11/04/08)
- Ohio GOP Amends Absentee Ballot Suit (11/04/08)
October, 2008
- New Indiana Suit re: Absentee Ballots (10/30/08)
- OH Court Resolves Lingering Provisional Issues (10/28/08)
- Court Resolves Ohio Provisional Balloting Issues (10/27/08)
- Ohio SoS Issues Provisional Ballot Guidelines (10/24/08)
- Colorado Secretary of State at odds with county officials over checkbox (10/22/08)
- Pennsylvania Republican Party sues ACORN and state (10/17/08)
Commentary
2009
2008
- If the Minnesota Recount Involved a Presidential Race… (12/09/08)
- New Bush v. Gore Precedent (11/26/08)
- Four Sub-Categories of Uncounted Ballots (11/04/08)
- 3 Things I'm Watching For (11/01/08)
- Unanimous Decision in McCain v. Obama (hypothetical) (10/28/08)
- The Latest from the Land of [Election] Litigation (10/22/08)
- Purges & Provisional Ballots (10/09/08)
News Stories
April, 2009
- Ohio's secretary of state wants simpler voter identification and provisional ballot laws (4/22/09)
- Brunner offers election reforms (4/22/09)
- Changes at voting polls rile up critics (4/18/09)
- Overhaul of Florida Voting Rules Is Proposed (4/16/09)
- Ohio must fix voting problems (4/12/09)
- Among DOJ Allegations: County Election Workers Didn’t Let Some Citizens Cast Provisional Ballots (4/10/09)
- Judge rejects Gerry Goldsmith lawsuit; Jack McDonald to stay as Palm Beach mayor (4/07/09)
- Provisional ballots may decide race (4/07/09)
March, 2009
- 4 election concerns targeted for reform (3/11/09)
- Scholars to study Ohio's high use of provisional ballots (3/10/09)
- Ohio Concerned About Number Of Provisional Ballots (3/10/09)
- 80 percent of provisional ballots counted in Ohio (3/06/09)
- Man whose vote disallowed in mayoral run-off sues (3/03/09)
- Loser in Palm Beach mayoral recount to file challenge (3/02/09)
February, 2009
December, 2008
- Voting mix-up cited in provisional ballot fight in state House race (12/11/08)
- At Last: Provisional Ballots Being Counted (12/06/08)
- What happened this year in Ohio (12/01/08)
November, 2008
- Provisional ballot case sent back to Ohio Supreme Court (11/25/08)
- Several questionable provisional ballots tossed out (11/23/08)
- Votes count, judge says (11/21/08)
- Nine days later and Missouri's presidential outcome up in the air (11/13/08)
- Work continues on provisional ballots (11/13/08)
- Presidential Race Narrowing with St. Louis Ballots Found (11/11/08)
- CQ's Latest Summary of Undecided Races (11/11/08)
- One of Nebraska's Electoral Votes Still Undecided (11/06/08)
- Estimated 7000 provisional ballots in Missouri (11/06/08)
- Estimated 40,000 provisional ballots in North Carolina (11/06/08)
- Crush of absentee, provisional ballots leaves count unfinished (11/06/08)
- Brunner scolds county for glitch (11/06/08)
- Ohio's 15th congressional district may see recount (like 2006) (11/05/08)
- North Carolina still unresolved for President (11/05/08)
- Provisional ballots piling up in Ohio (11/04/08)
October, 2008
- Provisional Ballots Could Decide Election This Year (10/31/08)
- Dems file lawsuit against GOP to avert voter challenges (10/30/08)
- Provisional Ballots Get Uneven Treatment (10/28/08)
- 20 percent of provisional ballots rejected (10/05/08)
September, 2008
August, 2008
Litigation
Active Cases
Archived Cases
- AFL-CIO v. Hood (Florida)
- Bay County Democratic Party v. Land (Michigan)
- Colorado Common Cause v. Donetta Davidson (Colorado)
- Florida Democratic Party v. Hood (Florida)
- Hawkins v. Blunt (Missouri)
- Kilroy v. Franklin County Board of Elections (Ohio)
- League of Women Voters of Ohio, et al v. Blackwell (Ohio)
- Sandusky County Democratic Party v. J. Kenneth Blackwell (Ohio)
- Sarah White v. J. Kenneth Blackwell and the Board of Elections of Lucas County, Ohio (Ohio)
- Schering v. Blackwell (Ohio)
- State ex rel. Skaggs v. Brunner (Ohio)
- Washington State Democratic Central Committee v. King County Records, Elections and Licensing Services Division (Washington)
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Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
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