Election Law @ Moritz has assembled a set of resources concerning the topic of elections going into overtime.
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.
The latest election law news from across the country...last updated March 6 (10:49 AM).
Professor Daniel Tokaji was quoted in an article from the Akron Beacon-Journal about the multi-million dollar lawsuit against Benjamin Suarez, who is accused of making illegal campaign contributions. Tokaji said it's tough to know exactly what the government's case consists of.
“It’s hard to say. If they’ve got witnesses, especially those in the company who will testify to what the government claims was going on, and there isn’t any evidence to contradict that testimony, then the government would seem to have a strong case,” Tokaji said.
Issue: Issue 1:
Did the EAC's failure to modify the State-specific instructions on the Federal Form to include a voter citizenship qualification constitute an agency action unlawfully withheld or unreasonably delayed under the Administrative Procedures Act, 5 U.S.C. 706(1)?
Did the EAC's failure to modify the Federal Form infringe upon State sovereignty under the Tenth Amendment of the U.S. Constitution?
Did the EAC's failure to modify the Federal Form constitute an agency action that was arbitrary, capricious, an abuse of discretion, or otherwise made in violation of the Administrative Procedures Act, 5 U.S.C. 706(2)?
Did the EAC's failure to modify the Federal Form constitute an agency action that was in excess of statutory jurisdiction, authority, limitation, or short of statutory right under the Administrative Procedures Act, 5 U.S.C. 706(2)?
Did the EAC's failure to modify the Federal Form force the Plaintiff's to choose between two "unconstitutionally coercive" regulations violating the Tenth Amendment and the Seventeenth Amendment of the U.S. Constitution?