Faculty in the News

Daniel P. Tokaji Media Hits

The following is a list of selected media coverage for Daniel P. Tokaji. The links below will direct you to sites that are not affiliated with the Moritz College of Law. They are subject to change, and some may expire or require registration as time passes.

 

Wasserman Schultz says state's ID law struck down by Supreme Court

October 14, 2014

Professor Dan Tokaji was quoted in a Politifact article on judicial rulings in Wisconsin and Texas on voter identification laws. Several Democratic candidates labeled the decision as "striking down" the laws, something Politifact called into question.

"It’s not accurate to say it was ‘struck down,’ but it’s understandable" given the New York Times headline and other media coverage, said Daniel P. Tokaji, an Ohio State University law professor and expert on election law.



Ohio is no battleground for House races

October 11, 2014

Professor Dan Tokaji was quoted in a USA Today article on the lack of tight congressional races in Ohio during the November 2014 election.

Ohio's current congressional lines represent "a perfect partisan gerrymander," said Daniel Tokaji, a law professor at Ohio State University who is an expert on redistricting. "It's quite possible that these districts will remain controlled by the party that controls them now for the remainder of the decade, through 2022."

"The implication for voters is that the general election is a mere formality," Tokaji said. "We know the results as soon as the primary is over. ... So there's very little interest, and there's very little incentive for people to actually vote."



Appeals court dissenters blister state's voter I.D. law

October 10, 2014

Professor Dan Tokaji was quoted in a Milwaukee Journal Sentinel article on the Supreme Court's decision to block Wisconsin's voter ID law for the Nov. 4 election. The ruling was not a full decision by the Court, which still could take up the case in the future.

"I don't think this is an indication of how the court will rule on the merits," Tokaji said.



Court Decisions Scramble Elections in Final Weeks

October 9, 2014

Professor Dan Tokaji was quoted in a National Law Journal article on the impact of several recent court decisions on voter identification and other voting procedures.

It's not all that unusual to have a number of lawsuits popping up near an election, according to Dan Tokaji, a law professor at Ohio State University. But "courts making very late changes to the rules" is out of the ordinary, he said.



Little change expected for Ohio's Congress seats

October 9, 2014

Professor Dan Tokaji was quoted in an Akron Legal News article on the polls showing that Ohio's 16 U.S. incumbent U.S. House members are all likely to retain their seats.

"This is one of those cases when the conventional wisdom is absolutely right," said Daniel Tokaji, an Ohio State University law professor who's an authority on elections and voting rights. Tokaji said he doesn't see much chance for unseating incumbents "absent some major unforeseeable developments."



Vote-Restriction Laws Line Up for Supreme Court Review

October 1, 2014

Professor Dan Tokaji was quoted in a National Law Journal article on the U.S. Supreme Court's decision to curtail early voting in Ohio.

"The Ohio law is significantly different from others being questioned," said election law scholar Dan Tokaji of Ohio State University Moritz College of Law. "It has restrictions on early voting and same-day registration and voting. It's not a voter ID law. The other states all involve voter ID laws along with other restrictions."

The article also talked about voter identification laws and whether the Supreme Court would take up a new case.

"On Section 2, a stronger argument for clarification of the law can be made, but I'm not sure that issue is quite ripe for Supreme Court review yet," Tokaji said. "The contours of the legal standard under Section 2 on vote-denial claims, as opposed to vote-dilution claims, have yet to be refined. When it comes to voter ID and registration restrictions, there's some uncertainty as to the precise legal standard that should govern."

 



Supreme Court could weaken voting rights — again

October 1, 2014

Professor Dan Tokaji was quoted in an MSNBC piece on the Supreme Court's likelihood to take up one of the four major voting rights cases before the courts.

“I’m very worried that the Supreme Court will take a case on the merits, and write an opinion that drastically constricts the right to vote,” said Daniel Tokaji, an election law scholar at Ohio State University. “I think that is a very real danger, given the conservative composition of this court, which has shown itself to be no friend to voting rights.”



Future of Ohio’s Early Voting Period Uncertain After Supreme Court Stay

October 1, 2014

Professor Dan Tokaji was quoted in an Ideastream article on early voting in Ohio.

“I think there’s reason for voting rights supporters to be very worried,” Tokaji said. “This is not a court that has shown itself to be a friend of the right to vote. That was evident in last year’s decision from Shelby County, Alabama, which struck down a key component to the Voting Rights Act.  It seems to me that if the U.S. Supreme Court gets its hands on one of these cases, further cutbacks to the right to vote are likely.”



As Election Nears, Voting Laws Still Unclear In Some States

September 24, 2014

Professor Daniel Tokaji was quoted in an article that appeared on KQED and North Country Public Radio about the lack of clarity in several states surrounding voting laws that are currently being challenged in the courts just weeks before early voting is set to open. Some of those voting law issues include courts in Texas and Wisconsin considering challenges to voter ID requirements, a North Carolina court deciding whether limits on early voting should stay in place, and a federal appeals court panel in Ohio upholding a decision to extend early voting in the state.

"Voters and elections officials need to know what the rules of the game are going to be several weeks before the election," Tokaji said. "In the event of a close election, this could be a real mess."
 



Scott Walker case shows growing closeness between politicians and wealthy allies

June 23, 2014

Professor Daniel Tokaji was quoted in an article in The Washington Post about an investigation into allegations Wisconsin Gov. Scott Walker illegally coordinated fundraising efforts with outside conservative groups during his campaign. State and federal laws restrict candidates from sharing political strategy with outside organizations. Tokaji noted, however, it is sometimes difficult, based on the current laws, to prove what is coordination and what is simply cooperation between the parties.

“They are trying to do as much as they can to cooperate without illegally coordinating — which, in truth, is not that difficult to do, because the line for what counts as coordination is a particularly high bar,” he said.

 



Illegal coordination not 'politics as usual,' observers say

June 21, 2014

Professor Daniel Tokaji was quoted in an article in the Chippewa Herald about allegations that Wisconsin Gov. Scott Walker’s campaign secretly coordinated its efforts with so-called “issue ad” groups, revealing how candidates might attempt to rely on unaccountable third-party groups to help them get elected.

“I don’t think it’s fair to characterize this as ‘politics as usual.’ This is something extraordinary, if the allegations are true,” he said. “Cooperation is common. Illegal coordination is pretty rare. And it’s hard to prove.”



Citizens United Made American Politics a Sham

June 19, 2014

Professor Daniel Tokaji’s report “The New Soft Money: Outside Spending in Congressional Elections,” was the topic of an article on Ring of Fire, which discussed how the research behind the book showed the solution to the Supreme Court’s Citizens United decision, to disallow official campaigns to coordinate with independent groups, was not a true solution to the problem the ruling itself created.

“Overall, the report paints a bleak picture of practically explicit coordination between campaigns and PACs. It is exactly what everyone feared and exactly what the Supreme Court pretended it was preventing,” the article stated.



Heart of John Doe dispute: Evolving campaign rules

June 19, 2014

Professor Daniel Tokaji was quoted in an article in The Milwaukee Journal Sentinel about the John Doe investigation of Wisconsin Gov. Scott Walker and his allies over allegations that they violated campaign finance law by illegally coordinating fundraising efforts with outside groups. Tokaji said coordination is illegal for good reason – it "raises the specter of corruption," and the U.S. Supreme Court has upheld the purpose of preventing the exchange of cash for political favors.

"There are laws against coordination" he said. "We're not the Wild West yet." Until that happens — and he said it might be the way the Supreme Court is going — "laws must be enforced."



Ohio Report Looks at the Inside Influence of Soft Money in Politics

June 19, 2014

Professor Daniel Tokaji was quoted in an article on the Public News Service about his book “The New Soft Money: Outside Spending in Congressional Elections.” Tokaji said while his research did not find any illegal coordination between campaigns and outside organizations, it did show that the law governing such interactions is being carefully sidestepped.

“We didn't find evidence of illegal coordination, but we did find a high degree of cooperation,” he said. “There are lots of ways that outside groups and candidates signal to one another without breaching the legal line."



Study Examines Role Of Citizens United Ruling On Politics

June 19, 2014

Professor Daniel Tokaji spoke with WCBE, central Ohio’s NPR station, about his book “The New Soft Money: Outside Spending in Congressional Elections,” which examines the real-world impact outside spending is having on elections and politics since the U.S. Supreme Court's 2010 Citizens United ruling, which allows more political spending by corporations and unions.



How ‘Citizens United’ changed the game — in politicos’ own words

June 18, 2014

Professor Daniel Tokaji was mentioned in an article on MSNBC about his report “The New Soft Money: Outside Spending in Congressional Elections,” which found that the explosion of outside spending in congressional campaigns since the U.S. Supreme Court’s Citizens United decision has led to “dramatic changes in the political landscape.”



New Report Highlights Need for "Coordination" Reform Post-Citizens United

June 18, 2014

Professor Daniel Tokaji’s report “The New Soft Money: Outside Spending in Congressional Elections,” was mentioned in a commentary piece in Roll Call, that discussed why campaign coordination regulation needs to be reformed following the U.S. Supreme Court’s Citizens United decision.



Cost of campaigns outpace college tuition

June 18, 2014

Professor Daniel Tokaji was mentioned in an article in the Dayton Daily News about his research in the report “The New Soft Money: Outside Spending in Congressional Elections,” which found a greater cash flow into congressional campaigns has led to an increased polarization in Washington and an inability of Congress to reach compromises.



Judge restores Ohio’s last three days of early voting

June 11, 2014

Professor Daniel Tokaji was quoted in an article on MSNBC about a judicial order in the 2012 case of Obama for America v. Husted for Ohio to restore the last three days of early voting leading up to an election. District Court Judge Peter Economus ordered Ohio Secretary of State Jon Husted to “set uniform and suitable in-person early voting hours for the three days preceding all future elections,” after Husted reportedly issued a directive to cut early voting on the weekend and Monday right before the election. Tokaji said the ruling implicitly goes after Husted for trying to use his authority to benefit the GOP.

“I view this order as calling shenanigans on Secretary of State Husted,” he said. “What’s motivated courts in a lot of these cases has been a perception that the manipulation of early voting rules is motivated by partisan gain. And that is certainly the subtext of today’s ruling.”



Constitutional law experts disagree on Supreme Court's JobsOhio ruling

June 10, 2014

Professor Daniel Tokaji was quoted in an article in the Cleveland Plain-Dealer about the Ohio Supreme Court justices’ disagreement on whether or not the constitutionality of JobsOhio can be challenged in court again. The court held in a 5-2 opinion that Progress Ohio and two Democrats lacked standing to challenge the law creating the initiative. Tokaji said while the majority opinion states others could still challenge JobsOhio, it also suggests no one will be able to after this opinion.

"The majority seems to think that someone could sue, but it's not obvious from this opinion who that would be," he said. "It sets a worrisome precedent if the legislature knows it won't be held to account for laws it passes.”



SPECIAL REPORT: Suarez's legal battle begins Monday

June 1, 2014

Professor Daniel Tokaji was quoted in an article in the Canton Repository about the start of a criminal case against Benjamin D. Suarez, owner of Suarez Corporation Industries, over allegations he violated federal election laws by funneling more than $200,000 to two political candidates in 2011 and 2012. Tokaji said the indictment accuses Suarez of going to “great lengths” to circumvent election law.

“The prosecution’s message I suspect ... in general will be, ‘Follow the money trail,’ and if the money trail leads from the corporation (and to other people) and winds up in a campaign’s coffer, they’ll point to that as evidence that these other people were conduits and federal law was broken,” he said.



Is the Voting Rights Act making a comeback?

May 6, 2014

Professor Daniel Tokaji was quoted in a story on MSNBC about the Voting Rights Act after a federal judge in Wisconsin used the VRA to strike down the state’s voter ID law earlier this year, ruling that it violated Section 2 of the act, which bars racial discrimination in voting.

“I think it’s exactly what the federal courts should be doing,” he said. “When partisan politicians go too far to restrict the right to vote in an effort to serve their own ends, courts aren’t likely to look on that kindly.”



Supreme Court Likely Decides Ohio Campaign Speech Law: Analyst

April 23, 2014

Professor Daniel P. Tokaji spoke with Voice of Russia about campaign speech and Probable Cause determinations:

"The question that is immediately before the [Supreme] Court is whether this matter can be heard at all by a Federal court," Tokaji said. "If the answer to that question is yes then we will proceed to see litigation over the question of whether the underlying statute is constitutional under the First Amendment of the United States Constitution."

 



After ‘McCutcheon,' Soft Money Next on Chopping Block?

April 22, 2014

In the case of McCutcheon v. Federal Election Commission, 2014 BL 89958, U.S., No. 12-536, 4/2/14, Professor Daniel Tokaji told Bloomberg BNA that while it is “technically true” that McCutcheon didn't invalidate restrictions on soft money, the decision “makes it more likely that the soft money ban will be struck down in a future case.”



Supreme Court to Consider Challenge to Law Against Lying in Elections

April 21, 2014

Professor Daniel Tokaji was quoted in a Wall Street Journal article on whether two conservative groups could pursue a free-speech challenge to an Ohio false-statements law that, if allowed, would advance a broader push against state laws making it illegal to lie about a political candidate or ballot initiative.

He said: "It almost never comes to a criminal prosecution, but that doesn't mean there's no chilling effect on speech."



Ohio case before U.S. Supreme Court could decide whether states can criminalize campaign lies

April 17, 2014

Daniel Tokaji was quoted in a Plain Dealer article on an Ohio law that criminalizes deliberate lies about political candidates in a high-profile case that could overturn campaign speech restrictions around the nation.

He said: "One of the big things to look for at argument is whether or not the justices tip their hands much on the merits, or confine themselves to the standing issues."

 



Dems, GOP bicker over political contributions disclosure

April 10, 2014

“We’re going to see more and more outside money flooding into our campaigns in Ohio. The dam is already broken,” Daniel P. Tokaji told the Columbus Dispatch, regarding a GOP move that would further loosen restrictions on corporate political contributions in Ohio.



Ohio treasurer receives OK to host town halls

February 20, 2014

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.



Voters’ Bill of Rights blocked in Ohio

February 19, 2014

Professor Daniel Tokaji was quoted in an article from MSNBC about the battle in Ohio to create a "Voter's Bill of Rights." Ohio Attorney General Mike DeWine, along with other Republicans, opposes the movement, but Tokaji believes the objections are largely unfounded.

“The cited portions of the petition accurately state current Ohio law.,” said Tokaji via email. “In my view, the AG’s letter is really a reach.”



Suarez Corp. leader vows to remain fighter against all legal challenges

February 2, 2014

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.



Should politicians have the right to lie? U.S. Supreme Court could decide in Ohio case

January 22, 2014

Professor Daniel Tokaji was quoted in an article from the Cleveland Plain Dealer about an upcoming Supreme Court Case that could decided the legality of lying about a political opponent. The case, which stems from an Ohio election dispute, could have large ramifications, Tokaji said.

"The litigation “could ultimately become a really important case on false campaign speech and whether it can be regulated,” he said.



Keep GAB strong and independent

January 5, 2014

Professor Daniel Tokaji was quoted in a staff editorial in the Wisconsin State Journal about the Government Accountability Board. The board, which is made up of former judges and is nonpartisan, is being audited and the editorial staff believes some politicians are looking for a reason to "undermine" it. Tokaji believes this would be a bad idea.

“The GAB is a national model,” he said, “and it would be a tragedy and a travesty if it were eliminated.”

 



Government Accountability Boardwalks a fine political line in state

December 28, 2013

Professor Daniel Tokaji was quoted in an article in the Wisconsin State Journal about some politicians' efforts to eliminate the Government Accountability Board, which oversees elections in the state. Tokaji believes this would be a mistake.

“It’s worrisome that we see partisan politicians on the warpath against the GAB. Worrisome but not surprising,” Tokaji said. “Wisconsin has a better system. It’s independent. It’s a model.”



Activists Ask Judge To Block Rule Allowing Voter Purge ‘Scare Letters’

September 6, 2013

Professor Daniel Tokaji was quoted in an article on Talking Points Memo about the dispute of a rule that aims to remove names from voter rolls if an immigration database suggests they don't have the right to vote. Though Tokaji has not examined the case closely, he said the databases are not always accurate and could result in eligible voters being taken off voter rolls.

“There are just a lot of mistakes in these databases including voter registration rolls including mistyped addresses” or other basic information, Tokaji said.



States, Justice Department girding for battle over voting laws

August 23, 2013

Professor Daniel Tokaji was quoted in a McClatchy Newspapers article that ran in the Miami Herald and other newspapers about states' voter identification laws and the federal lawsuits that could result. A lawsuit in Texas could make it difficult for Congress to pass revisions to the Voting Rights Act, many argue. The key to finding a solution will be strategic thinking, they say.

"I'm sure the Department of Justice will pick its spots carefully," Tokaji said. "These cases aren't easy."



The battle over Ohio's internet cafes takes a nasty turn

July 19, 2013

Professor Dan Tokaji was featured by WKSU, an NPR affiliate, about a possible law that would effectively ban internet cafés in strip malls, former restaurants and mostly empty rows of storefronts. Tokaji said both supporters and opposers of the bill are protected by the First Amendment to the U.S. Constitution, as long as they don’t do anything criminal such as threaten or physically attack anyone.

“It’s no surprise that there are passionately held views on both sides of this issue. And this wouldn’t be the first time. The other issue that comes immediately to mind as ... a parallel is the issue of abortion, where we have often had people with very strong views trying to express those views.”



Supreme Court urged to review lobbyist’s conviction

July 19, 2013

Professor Dan Tokaji was quoted in The Hill about the appeal of a former associate of Jack Abramoff, Kevin Ring, who is arguing his conviction wrongly considered campaign contributions as evidence of bribery. A petition is going to the Supreme Court to argue his case. Ring argued when appealing his conviction earlier this year that the court should not have considered his legal campaign contributions as evidence he had corrupted public officials. Tokaji said there are some inconsistencies in the language of previous federal statues.

"This is a hard area to begin with. It's hard to draw clear lines in this area, but I think the Supreme Court could be clearer for what the standard for bribery and extortion should be," he said, adding that, with many cases nationwide caught on the ambiguity of a bribery definition, it would be a worthy case for the court to consider.

 



Why voter ID won’t save the GOP

July 10, 2013

Professor Daniel Tokaji was quoted in a MSNBC article about voter identification laws. Last month’s Supreme Court ruling that weakened the Voting Rights Act has left voting-rights advocates and Democrats fearing that a possible of suppression tactics could keep poor and minority voters from the polls. However, Tokaji said there is little evidence implying that requiring an ID to vote will have a significant impact on voter turnout.

“The jury is still out on voter ID,” Tokaji said. “But its impact on turnout may not be as great as some opponents fear and some proponents probably hope.”



Some Lawmakers Lament Policy In Budget

July 3, 2013

Professor Daniel Tokaji was quoted in a WOSU article about the new Ohio state budget. The article focuses on the frustration for some that non-budget related policy items were included in the recently passed budget. Tokaji said critics have a way to fight back against the parts of the budget that are policy-only and not related to spending.

“If the legislature includes in the bill other provisions that make permanent changes to the law of the state of Ohio, then that ought to be subject to a referendum,” he said.



Justices ax portion of voting law

June 26, 2013

Professor Dan Tokaji was quoted in an article by The Columbus Dispatch about the U.S. Supreme Court's decision to strike down a part of the 1965 Voting Rights Act that requires some states to get federal approval before changing voting rules affecting minorities. Tokaji said the ruling may mean a rarely used portion of the law — Section 3, which allows courts to decide if new jurisdictions need Department of Justice permission to change their election laws —  now becomes more important.

“There’s a lot of pressure on Congress to protect the right to vote because this so obviously leaves the right to vote vulnerable,” Tokaji said.



Ohio Republicans Push Law To Penalize Colleges For Helping Students Vote

May 17, 2013

Professor Daniel Tokaji was quoted in a Talking Points Memo article about a bill proposed by Ohio Republicans that would restrict Ohio public universities from providing residency documents to students used to help them vote. Ohio law requires voters to have lived in Ohio for at least 30 days immediately before an election, while public schools require students to have "gone to an Ohio high school or have a parent or spouse who lives or is employed in the state prior to enrollment," the story says.

Essentially, if the law passes, schools giving out-of-state students documents to prove residency in Ohio 30 days before an election, the schools would also have to consider the out-of-state students as Ohio residents and charge them the same tuition price as in-state students. Tokaji said the law is a blatant attempt at voter repression by Republicans and called it "shameful."

“The way that they’ve written this bill makes it clear that its only purpose is to suppress student voting,” he said. “What I’d say to the Republican Party is this is not only a shameful strategy, but it’s a stupid strategy because, you know, the Republican Party already has a signifcant problem with young voters. They’re on the verge of losing a generation of voters. Their path to victory is not to suppress the student vote, but to win the student vote.”



EXCLUSIVE: Voter fraud, or just errors?

May 15, 2013

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”



3 voting bills to get day in court

May 8, 2013

Professor Dan Tokaji was quoted in a Trib Total Media article about a bill that would allow citizens to vote up to 15 days before Election Day. Proponents of the bill support it for being more conducive to modern life, allowing voters more of a chance to cast their ballots. Tokaji touched on the idea that same-day registration could be a key element to increasing voter turnout as well, while he said not all politicians would support that idea.

“Some politicians don't want more people voting,” he said. “Generally speaking, more Republicans oppose (same-day registration) because they worry that it will have a more beneficial impact on Democrats, but actually the evidence doesn't show that to be the case either.

“It'll help whichever party is able to better mobilize their voters,” Tokaji said.



Conference to tackle lobbying and campaign finance

February 21, 2013

Professor Dan Tokaji was quoted in an article by the University at Buffalo The State University of New York regarding the Campaign Finance Conference. "The regulation of lobbying is a cutting-edge issue in the law of elections and politics,” said Tokaji. “Election Law Journal is excited to have the opportunity to publish papers on lobbying and campaign finance by leading scholars from around the country."



Resignation of Pope Benedict XVI demands a close look at rules of modern papal election

February 13, 2013

Professor Dan Tokaji was quoted in a journal article in the Election Law Journal about the possible election law questions that surfaced with the resignation of Pope Benedict XVI. ""The resignation of Pope Benedict XVI brings into the public spotlight the longest-standing system for conducting elections for the head of any institution on earth. Professor Baumgartner's article offers a lively and accessible summary of the development of the rules for papal elections, a must read for anyone interested in this important topic," he said.



GOP’s electoral vote scheme likely illegal in Virginia

January 25, 2013

Professor Daniel Tokaji weighed in on an article in MSNBC about a possible scheme in Virginia to rig the Electoral College in favor of Republicans.

“I think there’s a very strong argument to be made that this change has a retrogressive effect on African-American voters in particular and perhaps Latino voters as well,” Tokaji said.



Ohio Supreme Court Accepts Appeal in Jobs Funding Case

January 23, 2013

Professor Daniel Tokaji was quoted in a Bloomberg article, which centered on the Ohio Supreme Court’s decision on whether a nonprofit, ProgressOhio.org Inc., “is eligible to challenge the use of state liquor profits to fund a private economic-development program backed by Governor John Kasich.”

“For those who are worried about public accountability and the spending of public dollars, this is potentially quite significant,” Tokaji said. “The court is making a very subjective and contestable judgment about what is important and what’s not.”



Ohio Supreme Court Accepts Appeal in Jobs Funding Case

January 23, 2013

Bloomberg quoted Professor Daniel Tokaji in an article about the possibility of the Ohio Supreme Court ruling that a nonprofit, ProgressOhio.org Inc., is eligible to utilize state liquor profits to fund a private economic-development program.

“For those who are worried about public accountability and the spending of public dollars, this is potentially quite significant,” Tokaji said.



Mug Shot Websites Face Lawsuit Alleging Violations Of Arrestee Publicity Rights

January 14, 2013

Professor Dan Tokaji was quoted in an article in The Huffington Post regarding the legality of websites which publish mug shots of those found "not guilty." "The websites probably have a First Amendment right to publish the mug shots because this is lawfully obtained public information," he said. "The practice of requiring payment to have them removed is unsavory, but probably not illegal."



GAB needs to remain nonpartisan

December 5, 2012

Professor Daniel Tokaji was quoted in an article on TheNorthwestern.com about the way board members are chosen for the Government Accountability Board. “The best American model is Wisconsin’s Government Accountability Board, which consists of retired judges selected in a way that is designed to promote impartiality,” professor Daniel P. Tokaji of the Moritz College of Law at Ohio State University wrote in September 2010.



Incoming Senate leader favors political appointees over judges on GAB

December 3, 2012

Professor Daniel Tokaji was quoted in an article in the Journal Sentinal about the idea to fill the Government Accountability Board with political appointees as opposed to former judges. "I think that's about the worst idea I've heard this year," he said.



Election law expert outlines lessons of 2012

November 30, 2012

Professor Daniel Tokaji was quoted in an article in the Cincinnati Enquirer about what Ohio has learned from the November 2012 election. “In the U.S. the burden [of registering to vote] falls on the voter, whereas in most other countries the government takes affirmation in making sure every voter is [registered],” he argued.



Tokaji to deliver O’Hara Lecture on voting rights issues

November 22, 2012

Professor Dan Tokaji will be delivering the annual O’Hara Lecture on Law and Politics Thursday, Nov. 29. “There’s been no year in which this critical role has been more evident,” says Tokaji. “In a number of states, legislatures and election officials got too greedy in their efforts to make it more difficult to vote and have their votes counted. And the courts pushed back, sometimes relying on the U.S. Constitution, sometimes the Voting Rights Act, sometimes state constitutions.”



Petitions popular, but secession is not legal

November 17, 2012

Professor Dan Tokaji was quoted in an article in the Datyon Daily News regarding the reasons for Americans to sign a petition urging Ohio to secede from the Union. “The best I can say is it may provide a way for people to discharge some of their anger and frustration after an election result that they disagree with," he said.



Obama, others push for an overhaul of Florida's elections system after long waits

November 8, 2012

Professor Dan Tokaji was quoted in an article by the Tampa Bay Times about the exceptionally long lines that affected voting in Florida on Election Day 2012. "I'm hesitant to say what went wrong," said Daniel Tokaji, a law professor and elections expert at Ohio State University. "But the president is right, we do need to fix this. In the long run, this will dampen turnout if it takes this long to vote."



Polling locations cause confusion for some Ohio State voters

November 7, 2012

Professor Dan Tokaji was quoted in an article in The Lantern about polling location confusion among Ohio State students. “(The county) wouldn’t necessarily be looking to Ohio State’s boundaries in ascertaining where the precinct boundaries would be,” Tokaji said



Snafus, long waits abound at polling places

November 7, 2012

Professor Dan Tokaji was quoted in an article in the Boston Herald about what the long lines on Election Day 2012 meant for the voting public. “In a sense, this could be a good thing. It’s a signal there are a lot of people turning out,” Tokaji said. “But boy, the problem with lines in this election, impressionistically, seems a lot worse than four years ago.”



Election Day legal jitters

November 6, 2012

Professor Dan Tokaji was quoted in an article on Politico about the number of provisional ballots expected in Ohio. “If we’ve got a margin that’s over 100,000 votes [in Ohio], none of this stuff will matter,” said Dan Tokaji, a law professor at Ohio State University. “Over 50,000 votes, it probably won’t matter. But if we’ve got an election margin in the low tens of thousands on election night, especially with [Mitt] Romney ahead by the low tens of thousands, then in that situation provisional ballots will matter, and these fights could make a difference in terms of who’s president."



In Case of a Recount, a Long Wait for Ohio

November 6, 2012

Professor Dan Tokaji was quoted in an article in The New York Times about the possible delay caused by a recount in Ohio for the 2012 presidential election. “We’re expecting 200,000 or more provisional ballots — that’s more than New York or California — and that means that an election is contestable here with a margin in the low tens of thousands of votes,” Tokaji said.



Prosecution of double voting is rare in Ohio

November 4, 2012

Professor Dan Tokaji was quoted in an article in the Newark Advocate about the frequency of prosecution of double voting. “It’s not that it never happens, but proven instances are quite rare,” said Daniel Tokaji, an election law professor at Ohio State University.



Could Sandy blow away the election? Don’t hold your breath

October 30, 2012

Professor Dan Tokaji was quoted in a post on Reuters.com about how Hurricane Sandy may affect voting for the upcoming election. "I feel pretty safe in saying the likelihood of an amendment of this federal statute is right around zero,” said Daniel Tokaji, a law professor at Ohio State University and an expert on election law and voting rights.



Is The Voter Vigilante Group True The Vote Violating Ohio Law to Intimidate Voters at the Polls?

October 29, 2012

Professor Dan Tokaji was quoted in an article on AlterNet about a "voter vigilante group" called True TheVote. “I don’t know what TrueTheVote has planned for Election Day. It would troubling be if outside groups were giving training to poll workers that conflicts with their legal obligation,” he said. “They are effectively state officials. Anything they do would be considered state action.”



Ohio redistricting, Issue 2 to be debated today at City Club of Cleveland

October 26, 2012

Professor Dan Tokaji was mentioned in an article on Cleveland.com regarding the debate on Issue 2. "Speaking in favor of the amendment for Voters First Ohio will be Dan Tokaji, a law professor at Ohio State University," said the article.



Why most of your local races are already decided

October 26, 2012

Professor Dan Tokaji was quoted in an article in The Cincinnati Enquirer regarding how legislative district maps have been drawn to make areas dominated by one political party or another. Plans from the Ohio Campaign for Accountable Redistricting are better, Tokaji said: "In their fairness and competitiveness, these plans are demonstrably superior to the one that this board has released."



Early Voting: Election Fraud Debate Continues, Republicans And Democrats Weigh In

October 26, 2012

Professor Dan Tokaji was quoted in an article in the Huffington Post regarding early voting claims that it could lead to voter fraud. "Tokaji noted that fraud is much more prevalent among votes cast by mail, including absentee ballots submitted by mail. 'Why don't you see the same statements being made about absentee, mail-in voting?' Tokaji said. 'If you look at the population that predominantly uses it -- they're Republican.'"



Effect of an Issue 2 ballot win in Ohio debated at City Club

October 26, 2012

Professor Dan Tokaji was quoted in an article in The Plain Dealer about the debate he attended regarding the change to Issue 2. "Dan Tokaji, a professor of constitutional law at Ohio State University, said, 'When politicians draw the lines, the voters lose.' He said if Issue 2 passes 'we won't have three-quarters of the districts favoring one party as they do now.'"



Ohio Prepares for Close Election Amid Fears of Another Florida 2000 Mess

October 24, 2012

 

Professor Dan Tokaji was quoted in an article in The Daily Beast about what winning Ohio means to both presidential candidates this election season. “The Ohio legislature made a mess of the state’s early voting laws. Secretary Husted has said it’s really easy to vote in Ohio,” Tokaji says, “but Republicans in Ohio have been trying to make it more difficult to vote but have been rebuffed by the courts.”



All Ohioans’ votes will count, Husted says

October 20, 2012

Professor Dan Tokaji was quoted in an article on ToledoBlade.com about Ohio Secretary of State Jon Husted's speech on voting rights for Ohioans at the University of Toledo Law School. "It’s the job of the federal courts to enforce the Constitution; that includes the right to vote,” said Daniel Tokaji, a professor at the Ohio State University Moritz College of Law who was a panelist at the symposium, after the secretary’s comments. “…We should be doing everything we can to improve access to eligible voters.”



State Issue 2 asks if we should change how legislative lines are drawn

October 17, 2012

Professor Dan Tokaji was quoted in an article in TheNewsLeader.com about State Issue 2 attempting to remove politicians from the process of drawing the state's legislative and congressional district lines. "The way our district lines are drawn [is] intended to maximize the advantage that incumbents and the party in power holds while minimizing the extent to which every citizen’s vote really matters," said Dan Tokaji, a law professor at Ohio State University and a member of the Voters First committee behind the ballot issue. "Our lines have been drawn in a way that basically ensures that politicians won't be held accountable to the people."



As Election Day nears, voter ID laws still worry some, encourage others

October 12, 2012

Professor Dan Tokaji was quoted in a CNN.com article about new voter laws requiring citizens to present a valid state-issued photo ID at the polls to protect the integrity of voters. "We've seen a great deal of litigation in the last two election cycles," said Dan Tokaji, an Ohio State University law professor. "This is shaping up to be an extremely close presidential election in which a lot of these seemingly little things could add up and make a difference in these swing states in Florida or Ohio or Pennsylvania."



Judges: Count Ohio's problem ballots

October 11, 2012

Professor Dan Tokaji was quoted in an article on Cincinnati.com about the Cincinnati court’s decision that Ohio provisional ballots cast in the right polling place, but wrong precinct because of a poll worker must be counted. “The basic principle underlined in this case is that a voter’s vote shouldn’t be rejected because of someone else’s mistake,” said Daniel Tokaji, a professor at Ohio State University’s Moritz College of Law. “When you cut through all the legal technicalities, that’s what the case comes down to.”



Jon Husted claims a member of the proposed redistricting commission could not be removed for taking a bribe

October 10, 2012

Professor Dan Tokaji was quoted in a PolitiFact analysis of whether Ohio Secretary of State Jon Husted's statement that members of the proposed redistricting committee could " accept a bribe from somebody to get the map that you want, and you couldn’t be removed from this commission" was true or false. Tokaji said that existing Ohio law, enacted under Article 2, Section 38 of the Ohio Constitution, sets a process for removing an officeholder. "A commissioner could therefore be removed for bribery following this statutory process," Tokaji said. "Nothing in Issue 2 prevents this."
 



Ohio asks Supreme Court to overturn early-voting ruling

October 10, 2012

Professor Dan Tokaji was quoted in a Washington Post article on the Ohio Secretary of State's decision to appeal a United State Court of Appeals for the Sixth Circuit decision to allow early voting the weekend before the election to the Supreme Court of the United States.  Tokaji said it is difficult to predict what the justices will do, “but I’m going to go out on a limb and say it’s hard to see any good reason for them to take it.” When asked about the SOS's concern that as a result of the Sixth Circuit ruling, polls in some Ohio counties would be open the weekend before the election while others would not, Tokaji said “There’s one person in Ohio who has the power to fix that, and it’s Husted.”



Ohio Ruling Sets Stage for Supreme Court Decision on Early Voting

October 9, 2012

Professor Dan Tokaji was quoted in a Roll Call article about the Ohio Secretary of State's decision to appeal the recent U.S. Court of Appeals for the Sixth Circuit's decision to allow early voting in Ohio the weekend before the election.  “To make a long story short, the Legislature made a real mess of our early voting law,” Tokaji said. “To the extent that there is any differential treatment between counties, Secretary Husted has no one to blame but himself for that and he has the power to fix it.”



Issue 2 could change the balance of power in Ohio

October 6, 2012

Professor Dan Tokaji was quoted in a Dayton Daily News article about Ohio Issue 2, which would create the Ohio Citizens Independent Redistricting Commission. The Commission would meet in public and consider four cour principles when drawing new district lines. “These are the criteria that best capture fundamental values in our democracy. They’re values that will serve the interests of voters rather than the interests of partisan politicians.”



Special voting access for the military nothing new, dates from the Civil War, Mike DeWine says

October 1, 2012

Professor Dan Tokaji was quoted in a PolitiFact truth-o-meter question regarding Ohio Attorney General Mike DeWine's claim that "Since the time of the Civil War, we've made a distinction in this country between the availability and the ability to access for people who were in the military, versus the rest of us, to vote." Politifiact relied heavily on an article Tokaji wrote on the subject.  "There has been some waxing and waning over the years," Tokaji said in an interview. "It's not a story of steady progress over the years as time has marched on."
 



Supreme Court begins term with another Az case on docket

September 29, 2012

Professor Dan Tokaji was quoted in a Tucson Sentinel article on the upcoming U.S. Supreme Court session and the odds the Court will hear a case on Arizona Proposition 200. “It’s unlikely that they’re going to get the Supreme Court to bite on this one,” said Tokaji.



Should partisans be in charge of our elections?

September 27, 2012

Professor Dan Tokaji was quoted in an article on CBS News discussing whether partisan officials should be in charge of election administration in the United States. "It's an inherent conflict of interest because you've got an umpire who's a betting stake in the game," Tokaji said. "We can't know for sure whether Katherine Harris made the decisions she made because that was her legitimate interpretation of the law or she wanted to help Bush win. But this is not just a problem of bad actors, this is the problem of an inherently unfair system."



What? There's a Nonpartisan Way to Run Elections!?

September 24, 2012

Professor Dan Tokaji was quoted in a in an American Prospect article about partisianship in election administration. "This is a big part of the reason why we have such grave and serious complaints about our political process from people across the political spectrum," said Tokaji,. "People don't trust the partisan officials who are running our elections and not without good reason. Virtually all of our state authorities have a conflict of interest because they are party-affiliated."



New Voting Laws Get Democratic Organizers Fired Up

September 20, 2012

Professor Dan Tokaji was quoted in a National Journal article about changes in election law, including voter identification laws, across the country and the impact those new laws may have on voter turnout. “We’re still figuring this out, and it will probably take social scientists years to do it because there are so many variables that affect turnout,” he said.



Pa. Supreme Court Doubts State Can Comply With Its Own Voter ID Law

September 19, 2012

Professor Dan Tokaji was quoted in a Colorlines Magazine article on the Pennsylvania Supreme Court's ruling in the state's controversial voter identification law.  “I think this is quite right. “It shouldn’t be based on predictions of whether voters will or won’t get ID. The protection of the right to vote shouldn’t be a matter of guessing probabilities,” Tokaji said.



Ohio Secretary of State Jon Husted, rising GOP star, frustrated by court challenges but confident in state's elections operation

September 14, 2012

Professor Dan Tokaji was quoted in an Cleveland Plain Dealer article about Ohio Secretary of State John Husted, the recent judicial rulings against early voting restrictions, and Issue 2, which would revise how redistricting is conducted in Ohio. "Secretary Husted and his colleagues have put their own partisan self-interest ahead of their legal obligation [to] the Ohio voters," Tokaji said.



Challenges to Voting Laws May Play Havoc On and After Election Day

September 13, 2012

Professor Dan Tokaji was quoted in a Roll Call article about likely lawsuits that will arise on and after Election Day because of new voter id laws and restrictions in early voting. "If I had to boil it down to its essentials, it's access versus integrity, that's what these cases are about," Tokaji said. "It's a real worry that people who voted early four years ago won't be aware of the fact that the state has restricted early voting this time around."



Backlash Swells Against Voter Laws

September 13, 2012

Professor Dan Tokaji was quoted in the Daily Beast in an article about the rise in voter id laws.  “These courts smelled a rat,” said Tokaji, a professor of election law at Ohio State University’s Moritz School of Law. “State legislatures overplayed their hand and got greedy. It was transparent that the real reason for these changes was to make it difficult for some people to vote.”



Issue 2 opposition splits Ohio State Bar Association membership

September 7, 2012

Professor Dan Tokaji was quoted in a Columbus Business First article about Ohio Issue 2. The Ohio State Bar Association and a group of law professors are on opposite sides of the issue. Tokaji said it is unusual for the bar association to take a position on a state ballot issue, leaving some to wonder whether it is under political pressure.



Could provisional ballots be the hanging chads of 2012?

September 1, 2012

Professor Dan Tokaji was quoted in the Pittsburgh Post-Gazette in an article examining the role provisional ballots could play in the 2012 election.  "If you're worried about what is going to be the next Bush v. Gore, it's likely to be either provisional ballots or absentee ballots," he said. "Those can be the big things people can be expected to fight over in the event of a close election."



Judge Issues Injunction Against Ohio’s ‘Wrong Precinct’ Election Law

August 29, 2012

Professor Dan Tokaji was quoted in a Daily Beast article on an injunction issued by a U.S. district judge stopping the implementation of an Ohio  law that would have thrown out ballots cast when poll workers directed voters to the wrong precinct in voting places serving multiple precincts. More than 14,000 such ballots were rejected in Ohio in 2008. “From a common-sense perspective, it seems quite unfair to reject a vote because a poll worker made a mistake,” Tokaji said.



Ohio redistricting plan mirrors California proposal that failed to remove politics from the process

August 26, 2012

Professor Dan Tokaji was quoted in the Cleveland Plain Dealer in an article about Issue 2 in Ohio, which would create a commission that would handle redistricting in the future. A similar commission was created in California and some critics claim the California commission has not taken the politics out of redistricitng as promised.  “They’ve got all these perverse fantasies about what might happen with the citizens commission. None of them are nearly as bad as what actually happened in real life,” Tokaji said.



Verifying provisional ballots may be key to election

August 26, 2012

Professor Dan Tokaji was quoted in the Pittsburgh Post-Gazette in an article about the importance of provisional ballots in a close election.  "If you're worried about what is going to be the next Bush v. Gore, it's likely to be either provisional ballots or absentee ballots. Those can be the big things people can be expected to fight over in the event of a close election."



Activist state election officers lead charge for Voter ID

August 23, 2012

Professor Dan Tokaji was quoted in an NBCNews article discussing how many secretaries of states across the country have taken on a much more partisan and activist role than in the past.  The partisanship of secretaries of state in the role of chief election official “is an obvious conflict of interest between the essential obligation to serve all voters and their attachment to one of the major political parties,” Tokaji said.



Secretaries of state lead charge for strict voter requirements

August 21, 2012

Professor Dan Tokaji was quoted in an iWatch article about Secretaries of State leading the efforts to enact voter identification laws in many states.  The partisanship of secretaries of state in the role of chief election official “is an obvious conflict of interest between the essential obligation to serve all voters and their attachment to one of the major political parties,”  Tokaji said.



Pennsylvania Voter ID Challengers Lose Bid to Block Law

August 15, 2012

Professor Daniel Tokaji was mentioned in a Bloomberg article about Pennsylvania’s voter ID law being upheld by the Commonwealth Court. The article noted Tokaji said, “The Pennsylvania ID debate is getting heightened attention because of the state’s swing status.”



Secretaries of state fashion new, activist roles

August 13, 2012

Professor Daniel Tokaji was quoted in a MinnPost article about secretaries of state turning to activists.

“The past decade we have seen a lot of changes, many of them positive, but we really haven’t addressed this problem when it comes to how our elections are run,” Tokaji said.

The article was also published by Pine Tree Watchdog.



Voter ID lawsuits could delay election results again

August 7, 2012

Professor Daniel Tokaji was quoted in an article by CNN about new voter ID laws delaying election results.

"Whenever you change the rules by enacting new laws, it triggers a round of litigation. I don't think we'll see an end to this anytime soon," Tokaji said. "It could come down to the states counting of absentee ballots. ... We could see a replay of the 2000 election, where we don't have a winner for weeks."



Redistricting amendment effort, foes gearing up for fall campaign

August 7, 2012

Professor Daniel Tokaji was quoted in a Lima News article about Voters First’s redistricting initiative being on the November ballet.

“We don’t have any truly nonpartisan institutions in the state. We had to create one, with the best means possible ensuring commissioners who wouldn’t be wolves in sheep’s clothing, partisans pretending to be nonpartisans,” Tokaji said. “We think we have a message that rings trues with voters. …Voters have an instinctive sense that the political process is not working, at least not working for them.”



Union cash helps petition effort

August 1, 2012

Professor Daniel Tokaji was quoted in a Toledo Blade article about Voters First’s redistricting initiative qualifying for the November ballot.

"Today the politicians, lobbyists, and political insiders continued to divert attention from the need for redistricting reform," Tokaji said in regard to Protect Your Vote. "The opposition won't disclose its funders. They won't talk about the hundreds of thousands of Ohioans -- Republicans, Democrats, and independents -- who stand with Voters First because they want to take back the power from the politicians and return it to the people."



Group submits signatures to place redistricting reform issue on ballot

August 1, 2012

Professor Daniel Tokaji was quoted in an article by The News Leader, which centered on Voters First gathering enough signatures to get its redistricting initiative on November’s ballot.

"... The process we have now is a disaster," Tokaji said. "It is a process that rigs district lines in favor of politicians, lobbyists and their cronies, and the process that we have spent many months developing... we are confident is better than any one that has been tried or even proposed in any other state."



Backers of remap petition confident of reaching ballot

July 31, 2012

Professor Daniel Tokaji was quoted in a Toledo Blade article about Voters First having high hopes for its redistricting amendment to be on the November ballet.

"We know that politicians and their cronies are going to do everything that they can to stop us," Tokaji said. "No one fights harder or meaner than a politician determined to hold onto his own power."

Part of the article were also published by The Record Publishing Company.



Voting Systems’ Plagues Go Far Beyond Identification

July 31, 2012

Professor Daniel Tokaji was quoted in a New York Times article, which regarded flaws in the United States’ voting system.

“This has all become incredibly politicized in recent years,” Tokaji said. “If you go back in our history, you can find voter registration rules used to exclude blacks or immigrants from voting. But since 2000 it seems to have gotten worse. Both parties have realized that election administration rules can make the difference between victory and defeat in a close election. And unlike virtually every other country in the world, our systems are administered by partisan officials elected as candidates of their parties.”



Organized labor overwhelmingly backing Ohio effort to change how election maps are drawn in Ohio

July 31, 2012

Professor Daniel Tokaji was quoted in a Cleveland Palin Dealer article about Voters First working toward its redistricting initiative.

"Today the politicians, lobbyists and political insiders continued to divert attention from the need for redistricting reform. The last thing they want to talk about is their abuse of the redistricting process to protect themselves and their political cronies,” Tokaji said. “The opposition won't disclose its funders. They won't talk about the hundreds of thousands of Ohioans – Republicans, Democrats and Independents who stand with Voters First because they want to take back the power from the politicians and return it to the people."



Group pushing to change redistricting spent more than $1.3M to get issue on ballot

July 31, 2012

Professor Daniel Tokaji was quoted in an article by the Dayton Daily News, which centered on Voters First spending more than $1.3 million toward its redistricting initiative, which has qualified to be on the November ballot.

“They want to run a campaign the same way they drew the district lines — in secret rooms without transparency, accountability or public input,” Tokaji said of Protect Your Vote. “We may never know the identity of the lobbyists and special interests behind their effort, because they will use every loophole to avoid disclosing their funders.”



Ohio Secretary of State Jon Husted asks feds for immigration database for voters' citizenship verification

July 19, 2012

Professor Daniel Tokaji was quoted in an article by The Cleveland Plain Dealer about Ohio Secretary of State Jon Husted requesting access to a federal immigration database so that citizenship of voters may be verified this election

"There are likely to be many mistakes in any huge database and voters should not be denied the right to vote due to some bureaucrat's technical error," Tokaji said.



Citizens group needs more signatures to change redistricting process

July 18, 2012

Professor Daniel Tokaji was quoted in an Akron Beacon Journal article about Voters First still needing more signatures to get its redistricting initiative on the November ballot.

Tokaji said the group stopped getting signatures July 3, but “We are confident that we will be able to submit whatever number we need.” He also said, “This initiative [asks] to change politics as usual and create a political process in Ohio that is fair, accountable and transparent.”



Obama Campaign Calls Ohio Early Vote Law Unconstitutional

July 17, 2012

Professor Daniel Tokaji was referenced in a Bloomberg article for noting in a previous interview, “Expanded early voting is perceived to have helped Democrats, especially Obama in 2008, more than Republicans.”

The article, which was also published inThe San Francisco Chronicle, centered on Obama for America deeming Ohio’s early vote law unconstitutional.

 



Voters First Initiative Faces Opposition From Top Ohio Election Official

July 13, 2012

Professor Daniel Tokaji was on the Ohio News Network and quoted in an article about the Votes First Initiative being opposed by Ohio election officials, such as Rep. Secretary of State Jon Husted.

"It's not surprising that partisan politicians and party bosses are trying to hold onto their power," Tokaji said. "What the Voters First Initiative would install is a non-partisan independent citizens commission."



Attempt to Overturn GOP Redistricting Moves Forward

July 12, 2012

Professor Daniel Tokaji was quoted in a Cincinnati CityBeat article for his opposition to Ohio House Bill 369.

"This is not a Republican vs. Democrat issue. [Gerrymandering] has been done by both parties. The opposition has been trying to characterize this as a Democrat-led effort," Tokaji said. "You could throw a bucket of paint on the wall and it wouldn't be as ugly as these maps."



First Amendment: Gore Good, Genitals Bad

July 11, 2012

Professor Daniel Tokaji was quoted in a CityBeat article regarding First Amendment rights, specifically freedom of speech.

“It’s generally the case that the (U.S.) Supreme Court has been more tolerant of regulations of sexually explicit speech,” Tokaji said. He went on to it’s difficult to restrict gory message such as displaying aborted fetuses.



Amendment would put Ohio politics back on right path

July 8, 2012

Professor Daniel Tokaji was quoted in The Columbus Dispatch in an article about Ohio’s redistricting amendment. The article also recognized him for backing Voters First Ohio, a coalition aiming to get district line-drawing not be done by partisan bosses.

“Everything we have done is to ensure we get fair district lines that aren’t biased in favor of any party or politician,” Tokaji said.



Abortion, gay rights, pot- ballot issues go up in smoke

July 3, 2012

Professor Daniel Tokaji was quoted in The Cincinnati Enquirer in an article about ballot issues, including constitutional convention and redistricting, which Tokaji weighed in on.

“This is not a Democrat vs. Republican issue,” he said of redistricting. “This is an issue of we the people vs. the politicians.”



Democrats funding Turner challenger

June 24, 2012

Professor Daniel Tokaji was quoted in an article by the Springfield News-Sun. The article centered on Democrats financing Sharen Neuhardt in an effort to beat her opponent, incumbent Mike Turner, who is the five-time United States congressman for the 10th District of Ohio.

“I don’t think this is really a very competitive district, but it’s one of the closer ones we’ve got,” Tokaji said. “It’s one of the three closest (of 16 statewide), and that’s pathetic. There are basically no districts that are split down the middle between Republicans and Democrats.”



U.S. Rep. Hastings says Florida's noncitizen voter purge is a 'backdoor poll tax'

June 7, 2012

Professor Daniel Tokaji was quoted in an article by PolitiFact.com regarding Florida voting rights, specifically about residents submitting proof of citizenship.

"If voters, as a practical matter, are required to spend money out of their own pocket -- even a relatively small amount -- in order to prove their eligibility and therefore vote, then it's functionally equivalent to the poll tax," Tokaji said.



Petition aims to amend Ohio redistricting

May 22, 2012

Professor Dan Tokaji was recognized in The Lantern for co-creating a petition to remap Ohio’s congressional districts without partisan bias.



Confusion over Ohio voting prompts call for moratorium on election laws

April 12, 2012

Professor Dan Tokaji, an expert in election law, was quoted by Examiner.com in an article discussing the complexity of Ohio election laws.

Tokaji, along with the League of Women Voters, believes that a moratorium is in order.

"I agree with the LWV. I think the Ohio Legislature has caused enough voting problems over the past year or so. They should give the people a chance for a thumbs up or thumbs down vote on the voting restrictions the Legislature decided to impose last year," he said.
 



The GOP Assault on the Voting Rights Act

March 21, 2012

Professor Daniel Tokaji was quoted in an article in The Nation about the Department of Justice denying preclearance to a Texas law requiring, under Section 5 of the Voting Rights Acts, voters to present photo identification.

“Because Texas ID requirement would apply to federal elections, we don’t even need to get into the question of whether Section 5 falls within Congress’s Fourteenth and Fifteenth Amendment power,” Tokaji said.



Redistricting: Litigation common, current cycle unique in Wisconsin

March 7, 2012

Professor Daniel Tokaji was quoted in a State Bar of Wisconsin article about redistricting litigation in Wisconsin

“Independent commissions have the ability to draw fair lines without regard to their partisan effects,” Tokaji said. “It’s not a perfect model, but it certainly creates a starting point for those interested in reforms.”



Document fees for ID to vote in Kansas raise concerns

February 19, 2012

Professor Dan Tokaji was quoted in the Wichita Eagle about the constitutional issues surrounding Kansas' new voter identification law.  Tokjai said the U. S. Supreme Court's ruling in Crawford stated only that Indiana law wasn’t unconstitutional on face value. “It’s still possible for individual voters – people who are really poor or homeless – to challenge its application in certain circumstances,” Tokjai said. “It would be misleading to say without qualification that Crawford means all these are constitutional.
“That’s an important qualification, one that I’m sure Secretary of State Kobach’s office would prefer to glide over. But it’s an important one for people who actually pay attention to what the law says.
“The question of whether these laws are constitutional, as applied to individuals burdened by them, is very much alive.”



Ohio redistricting ballot drive launches while Speaker Batchelder pushes in different direction

February 18, 2012

Professor Dan Tokaji was quoted in a Cleveland Plain Dealer article about a group of citizens in Ohio that are working to change the redistricting process in the future. "Incumbent politicians have been drawing these lines to serve their own self-interests at the expense of the people's collective interest," said  Tokaji, one of the leaders of the coalition, which includes the League of Women Voters of Ohio and Common Cause Ohio. "We the people have to take back this power by seizing the pen away and drawing the districts ourselves."



Ohio Senate Republicans take another crack at election reform before the fall presidential election

February 5, 2012

Professor Daniel Tokaji was quoted by The Plain Dealer in an article about Ohio Senate Republicans looking to change laws affecting the way elections are administered.

“There is no good reason for unsettling our election system, confusing poll workers, and making life more difficult for voters,” said Tokaji, a senior fellow at Election Law @ Moritz.



Democracy for Dollars

February 1, 2012

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz and the Robert M. Duncan/Jones Day Designated Professor of Law, was quoted in an article by Detroit alternative weekly Metro Times about super PACs and their involvement in buying advertising for the 2012 campaign.

In response to some groups' desire to change the First Amendment in such a way to ensure freedom of speech not apply to corporations, Tokaji deemed it a "well-intentioned but overly simplistic approach to the problem."

"There are real First Amendment interests at stake here," he said. "If you were to completely snuff out the corporate perspective from the debate, that would be a real problem."

Campaigns should be publicly funded instead, Tokaji argues.



Key provision of voting rights law under court scrutiny

January 20, 2012

Professor Dan Tokaji, an expert in election law, was quoted by NBC Politics on MSNBC.com in an article discussing a looming vote on Part 5 of the 1965 Voting Rights Act.

 “If I had to speculate on how this panel rules, I’d say they’d uphold section 5,” Tokaji said. “There’s a very good chance it will get to the Supreme Court.” 



Key provision of voting rights law under court scrutiny

January 20, 2012

Professor Daniel Tokaji was quoted by NBC Politics in an article regarding Congress’ possible renewing of section 5 of the 1965 Voting Rights Act. Under the section, some states and counties and townships in states must receive “preclearance” from the Justice Department to change any and all voting procedures.

“If I had to speculate on how this panel rules, I’d say they’d uphold section 5,” Tokaji said. “There’s a very good chance it will get to the Supreme Court.”

 



This week: Bama voting rights case in DC courtroom on Thursday

January 17, 2012

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted by The Birmingham News in an article about a local county's crusade to end 47 years of federal government oversight of its election returns.

Shelby County is hoping a federal appeals court will agree that the county no longer needs the U.S. Justice Department to approve changes in the ways elections are conducted because the area has progressed from its discriminatory past. It is unclear whether the case would be the vehicle with which justices of the U.S. Supreme Court would review the constitutionality of Section 5.

"I am reasonably confident they're going to take up the question of Section 5 constitutionality within the next few years," Tokaji said. "It could be Shelby County, it could be South Carolina, or some other."



The Justice Department Stops South Carolina's Assault on Voting Rights

December 25, 2011

Professor Daniel Tokaji was quoted in The Nation as agreeing with the U.S. Department of Justice’s decision to block a South Carolina law requiring voters to present photo identification. Takaji said, “If the effect is to make it more difficult for minorities to vote than was the case before, then the law presumptively violates the Voting Rights Act.”



Possible new legislation for nonpartisan redistricting

December 23, 2011

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted in a Dix News Service article published by The-Daily-Record.com about a new ballot initiative that would make future congressional redistricting nonpartisan.

"The state legislature has left nothing but a big lump of coal in the stockings of all Ohio's citizens," Tokaji said. "And the only one with a gift under their tree this year are a few politicians and the party that is dominant in Ohio at the moment."



Only 3 of 16 districts competitive in new map

December 22, 2011

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted in a Dayton Daily News article about recent analysis surrounding Ohio's new congressional districts. Findings showed only three of 16 districts would be competitive under a new map signed into law by Gov. John Kasich.

Tokaji, a part of the Ohio Campaign for Accountable Redistricting, called the map “a disgrace to our democracy.” Besides not being competitive, the new districts aren’t compact and don’t respect community boundaries, Tokaji said.



Group says Ohio's new congressional map lacks competition, fairness

December 21, 2011

Professor Daniel Tokaji was quoted by The Columbus Dispatch in an article about recent analysis surrounding Ohio's new congressional districts. Findings showed only three of 16 districts would be competitive under a new map signed into law by Gov. John Kasich.

Tokaji, a senior fellow at Election Law @ Moritz, said, “This is the worst example of elected officials serving their own craven partisan interests of anywhere in the country.”



Montgomery, Greene Counties part of “competitive” U.S. House district

December 21, 2011

Professor Daniel Tokaji was quoted by the Dayton Daily News in an article about two Ohio counties that are part of scant few "competitive" U.S. House districts under a new map designed by a Republican-controlled board. Montgomery, Greene, and part of Fayette County are part of the 10th District, according to the map. There are only three "competitive" districts based on recent analysis by the Ohio Campaign for Accountable Redistricting, of which Tokaji is part.

He called the map a “disgrace to our democracy” because of political gerrymandering.



Caucuses Will Still Lack Absentee Voting

December 18, 2011

Professer Daniel Tokaji was quoted by TheNation.com in an article discussing the lack of absentee voting in caucuses.

According to the author, only 6 percent of eligible Iowans voted in the Iowa caucus in 2004 while 30 percent voted in the primary.

“One group that’s sure to be adversely affected is people with disabilities who have difficulty travelling to the caucus site,” says Tokaji, an election law expert. “For some people with disabilities, voting by mail is much more convenient, if not essential.”



Both sides insist judge make Ohio remap choice

December 1, 2011

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted in an Associated Press article about an Ohio congressman's request to have a judge put contested GOP-drawn congressional lines into place immediately. The state Democratic Party is trying to put the map's fate before voters next year and has asked for a lawsuit by a Republican voter over the boundaries to be dropped, painting it as premature.

Tokaji, a redistricting expert, said having a judge implement the GOP-drawn lines would usurp Ohioans' right under the state constitution to challenge laws with which they don't agree. "The lawsuit seems to be the wrong relief here," he said.

The article was published by Ohio newspapers, including The Plain Dealer in Cleveland and The Crescent News in Defiance.



The biggest loser on Election Day in Ohio will be Gov. Kasich, OSU experts say

November 9, 2011

Professor Daniel Tokaji, senior fellow of Election Law @ Moritz, was quoted in an Examiner.com article about what Ohio Gov. John Kasich stands to lose in the Nov. 8 election, including the mandate he believes he has from voters to change collective bargaining rights for state workers.

"So much more is at stake beyond Issue 2 when voters go to poles on Tuesday,” Tokaji said, referring to election-law bills Kasich has signed into law this year.
 



Election Results: What 2011 Says About 2012

November 9, 2011

Professor Daniel Tokaji was quoted by U.S. News and World Report in an article about voters ousting politicians and legislation that went to extremes. Tokaji, a senior fellow of Election Law @ Moritz, says it's important not to interpret the union win in Ohio over Republican Gov. John Kasich's proposal limiting public union rights as an endorsement of Democrats.

"I wouldn't use the election results in Ohio to predict an Obama victory in Ohio or elsewhere, but I do think that this is a good example of what can happen if one political party gets too greedy," he says. "It tends to trigger a backlash and right now Gov. John Kasich and Ohio's Republicans are licking their wounds."



Ohio voters overwhelmingly reject Issue 2, dealing a blow to Gov. John Kasich

November 8, 2011

Professor Daniel Tokaji, senior fellow of Election Law @ Moritz, was quoted by The Plain Dealer in Cleveland in an article about voters’ rebuking Ohio Gov. John Kasich’s move to limit collective bargaining rights for state employees.

"I think there is no question this is a major black eye for the governor," Tokaji said. "He made the scaling back of collective bargaining rights really the signature issue of the first part of his administration, so this is a huge blow.

"The implications are quite significant and they really go beyond this issue," Tokaji said. "It will be a sign of a re-emergence of the Democratic party which has used the referendum to fight back despite Republicans controlling state government."



County plans to prevent provisional ballot problems

November 7, 2011

Professor Daniel Tokaji was quoted by The Cincinnati Enquirer in an article about a juvenile judge race from 2011 that is still unresolved due to contested provisional ballots. Tokaji, a senior fellow at Election Law @ Moritz, called moves to curb provisional voting "a pathetic attempt to justify provisions that are likely to have vote suppressing effect."

"If you think we have equal protection issues now, they're going to increase" if proposed House Bill 194 goes into effect, he said. Tokaji also believes the law will result in more litigation over elections.



Editorial: Wisconsin must preserve impartiality of GAB

November 6, 2011

Professor Daniel Tokaji was quoted in an editorial by the Green Bay Press Gazette about a proposed bill that would exempt the Wisconsin Government Accountability Board administrative rules, including those covering recall elections, from Gov. Scott Walker's oversight before becoming policy. The board, which acts similarly to a board of elections, receives funding from the Legislature but is considered to operate independently.

The editorial grabbed a quote from Tokaji on the board's website: "The best American model is Wisconsin's Government Accountability Board, which consists of retired judges selected in a way that is designed to promote impartiality."



Voter's lawsuit could play role in Ohio map spat

November 4, 2011

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted by The Associated Press in an article about a Clermont County lawsuit in which a Republican voter is suing the governor, state elections chief, and Legislature, alleging that Ohio's lack of a congressional map will render the 2012 unconstitutional. The plaintiff wants a judge in her county to draw up a new map. The piece was published in the Dayton Daily News.

Tokaji said the lawsuit appears to be an effort to ensure that any revised map remains favorable to Republicans. "It looks like a rat and smells like a rat. It has the marks of a collusive lawsuit brought by a Republican against Republicans in a court likely to tilt to Republican interests," he said.



No-reason absentee voting proposal comes with a catch

October 20, 2011

Professor Daniel Tokaji was quoted by The Michigan Messenger in an about absentee voting reforms in Michigan that would allow citizens to vote absentee for any reason, provided they pick up those absentee ballots in person. Most states already have no-reason absentee voting, and most, if not all, allow people to request their ballots by mail, said Tokaji, a senior fellow with Election Law @ Moritz.

Requiring some people to pick up their ballots in person “significantly limits the utility of no reason absentee ballots,” he said, even if it does provide a safeguard against voting fraud. “I don’t want to present the misleading idea that voting fraud is common,” he said. “It’s not, but in those instances where voter fraud has been demonstrated it almost always involves absentee ballots.”



Great-Grandmother Is Object of Dispute in Ohio’s Union Fight

October 19, 2011

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted by Bloomberg News Service in an article that ran in Bloomberg Businessweek as well. The article was about a great-grandmother from Cincinnati whose statements for a political advertisement supporting the referendum of a state law that would imit collective bargaining for public employees was taken and used by the other side.

Whether the First Amendment protects the re-use of the footage isn’t clear, Tokaji said. “I don’t think this campaign ad is false,” he said. “The real question is whether it’s misleading, and that’s a question on which I think reasonable minds might differ.”



Ohio Republicans ponder next move as Democrats vow to take new congressional map to ballot

October 18, 2011

Professor Daniel Tokaji was quoted by The Plain Dealer in Cleveland in an article about Ohio Democrats' promise to collect enough signatures to block a new congressional map at the ballot in 2012.

If Republicans don't reach an agreement with Democrats on a new map, they likely would end up in federal court under a constitutional challenge, said Tojaki, an elections law expert and senior fellow at Election Law @ Moritz. "I think that is the most likely legal outcome assuming they gather enough signatures for a referendum," he said.



Ohio Dems give GOP deadline to deal on new map

October 18, 2011

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted by The Associated Press in an article about Democrats demanding to know whether Republicans are willing to compromise on a new congressional district map for Ohio. The current map is on hold after an Ohio Supreme Court ruling finding that it is subject to possible repeal by voters.

Tokaji said it is very unlikely Ohio will enter the 2012 presidential election year wtihout congressional districts. If the state did nothing and left the old congressional districts in place - which were drawn using population counts from 2000 - Ohio would be in violation of the U.S. Constitution, he said.

When asked whether he thought candidates would end up having tor furn for all 16 congressional seats statewide without any districts in a free-for-all, he laughed and said, "I guess you could. I don't think there are any constitutional barriers."



Court ruling throws 2012 elections into chaos

October 16, 2011

Professor Daniel Tokaji was quoted by The Cincinnati Enquirer in an article about the Ohio Supreme Court's decision to allow Democrats to use a petition drive to stop the Republican congressional redistricting plan -- a move that some say will throw 2012 congressional elections into chaos. Tokaji, a senior fellow at Election Law @ Moritz, said he believes the Ohio Supreme Court was “dead-on right” in its decision.

“If there is anything surprising about this, it’s the fact the Republicans thought they could get around the possibility of having a referendum,” he said. “If there is chaos, it is entirely of the legislature’s making.”



New Voting Laws May Disenfranchise Millions of Americans

October 12, 2011

Professor Daniel Tokaji was quoted by PolicyMic.com in a piece about laws threatening gains in voter participation. Tokaji, a senior fellow at Election Law @ Moritz, said, “There is considerable evidence about who doesn’t have government-issued photo ID, which shows that certain groups – such as elderly, disabled, minority, and poor voters — are likely to be especially hard hit."



TV ads put Northside woman at center of SB 5 fight

October 11, 2011

Professor Daniel Tokaji was quoted by The Cincinnati Enquirer in an article about a pro-Issue 2 political advertisement that used video footage of a great-grandmother who appeared in an ad for the other side.

Marlene Quinn initially taped an ad for We Are Ohio, a group against limiting collective bargaining for public employees. The Better Ohio campaign, which supports Ohio Senate Bill 5, asserts it has a legal right to use Quinn's image and voice because she went beyond talking about a personal issue and entered the political realm.

That may be true, said Tokaji, an elections law expert. He said the First Amendment’s protection of political speech is a “plausible argument” for allowing Better Ohio to use the material.

Acknowledging that the legal argument is a gray area because “there is not a lot of case law” specific to this kind of incident, Tokaji said, We Are Ohio would have to prove Better Ohio recklessly disregarded the truth. That’s a higher standard of proof than proving the ad is misleading, “which is in the eye of the beholder.”

 



GOP gets head start in races

October 4, 2011

Professor Dan Tokaji was quoted in the Cincinnati Enquirer about the initial redistricting plans proposed by Ohio Republicans. The plans from the Ohio Campaign for Accountable Redistricting are better, said Daniel P. Tokaji, an elections expert and professor at Ohio State University's Moritz College of Law. "In their fairness and competitiveness, these plans are demonstrably superior to the one that this board has released," he said in testimony to the board. Tokaji is not associated with the Ohio Campaign.



APNewsBreak: Ohio Dems sue over congressional map

September 28, 2011

Professor Dan Tokaji was quoted in an Associated Press article about a lawsuit filed by Ohio Democrats over a last-minute legislative maneuver by Republicans to shield Ohio's new congressional map from ballot challenge. Ohio State University law professor Dan Tokaji has said the Supreme Court ruled in 2009 that only the appropriation portion of an appropriation bill is safe from voter repeal, not the rest of the legislation.



 

 



New map gives GOP advantage in Columbus

September 27, 2011

Professor Dan Tokaji was quoted in a Dayton Daily News article about the release of Ohio's new congressional map. Dan Tokaji, a professor at the Moritz College of Law at Ohio State University, called the map “a classic partisan gerrymander.” “They’ve packed Democrats tightly into a few districts and given Republicans a solid majority in most of the rest,” said Tokaji, an expert in election law and an advocate for redistricting reform. But, he said, Democrats have been “as guilty at gerrymandering in the past.” “Democratic oxes are being gored now,” Tokaji said. “This should teach us all that we need redistricting reform. We need to put control in the hands of people without a vested interest in the result.”



Dems may sue over GOP remap

September 26, 2011

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about a possible lawsuits by Ohio Democrats over a Republican plan to redraw House and Senate districts. Daniel P. Tokaji, an elections expert and professor at Ohio State University's Moritz College of Law, said the board's process is defective because it "has left precious little time for people to analyze the plans, much less assess any potential violations of federal or state law." He told the board, "The role of government is to serve the interest of the people, not the self-interest of incumbents or the party in power.... The people of Ohio should have a meaningful say - and I emphasize the word 'meaningful' - in the lines that will so deeply affect our fundamental right to vote."



Boehner to have wider constituency

September 25, 2011

Professor Daniel Tokaji was quoted by the Dayton Daily News in an article discussing Speaker of the House John Boehner's wider constituency following Ohio's redistricting. According to the article, Dayton's black community was split, which may have been a way for Republicans to protect their seats.

Tokaji said that contesting the split was going to be a dificult argument.

“You’ve got to be sufficiently concentrated so that you can draw a compact district with a majority of African-Americans or whatever the minority group in question is,” he said.



Winner Wouldn’t Take All as Pennsylvania Republicans Eye Electoral Votes

September 23, 2011

Professor Daniel P. Tokaji was quoted by Bloomberg in an article discussing laws pertaining to electoral votes. According to the article, Pennsylvania Republicans are fighting to eliminate the winner-take-all system for electoral votes.

Pennsylvania has picked a Democratic candidate in each of the past five races, and eliminating the winner-take-all system would likely assure the Republican candidate of at least some votes because of the way some boundaries within the state are drawn to preserve party dominance.

“They’re all motivated by the same agenda to increase Republican share and representation,” said Tokaji, a senior fellow with the Election Law @ Moritz center.



Experts: Repeal-proof tactic used on congressional map likely isn't

September 23, 2011

Professor Daniel Tokaji was quoted by TheNews-Messenger.com in an article discussing the legality of a maneuver that protects the Republican-drawn congressional map from the possibility of a repeal by voters.

Tokaji said he thinks the redistricting plan is subject to voter referendum.

"I would expect in pretty short order litigation to that precise questions, specifically litigation to force Secretary (of State Jon) Husted to allow a referendum on the redistricting plan. I'd be really surprised if that didn't happen," Tokaji said.



Republican Plan Would Parcel Out Pennsylvania’s Electoral Votes

September 23, 2011

Professor Daniel Tokaji was quoted by Bloomberg Businessweek in an article about Republicans in Pennsylvania trying to eliminate the winner-take-all system for electoral votes. The move might boost their presidential candidate’s chances in a state that picked the Democrat in the past five races and comes as Republicans across the country are fighting to tighten voting rules.

“They’re all motivated by the same agenda to increase Republican share and representation,” said Tokaji, senior fellow of Election Law @ Moritz.



Experts: With Ohio redistricting, repeal-proof tactic likely isn't

September 23, 2011

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted by The Associated Press in an article that was published in the Mansfield News Journal and other papers around the state. The piece was about a maneuver by state lawmakers that would protect a Republican-drawn congressional map from the possibility of repeal.

"It seems to me that the bottom line is the redistricting plan is subject to referendum (voter repeal)," Tokaji said. "I would expect in pretty short order litigation to that precise question, specifically litigation to force Secretary (of State Jon) Husted to allow a referendum on the redistricting plan. I'd be really surprised if that didn't happen."



Kasich to OK new districts

September 21, 2011

Professor Daniel Tokaji was quoted by the Dayton Daily News in an article regarding Kasich's plan to OK the congressional redistricting plan. The plan is likely to meet a legal battle, according to the article.

Tokaji, a voting law expert, said issues that could be raised include possible violations of the 1965 federal Voting Rigths Act and the equal protection clause of the U.S. Constitution.



Exclusive: Now, 'birthers' have eye on Marco Rubio

September 20, 2011

Professor Daniel P. Tokaji was quoted in a news-press.com story regarding United States Senator Marco Rubio's eligibility for presidential or vice presidential office. According to the article, his status as a natural born citizen has been called into question.

“On the facts given, he’s a natural-born citizen who’s qualified to serve as president,” wrote Tokaji in an email.



Former Rep. Louis Stokes supports the new look of the 11th District

September 17, 2011

Professor Daniel Tokaji was quoted in The Cleveland Plain Dealer in an article discussing former Democratic congressman Louis Stokes' support of the new look of Ohio's 11th congressional district.

Tokaji said the district is "a classic partisan gerrymander" and is drawn to make race a predominant factor, which will likely draw the attention of the Supreme Court.

"Fifty-percent plus one is not the standard of the Voting Rights Act. The standard is the opportunity to elect representatives who are minority," Tokaji said. "And it is quite possible that an African-American candidate of choice can be elected from a district that is 48 percent African-American."



Kaptur's district reshuffled

September 14, 2011

Professor Daniel Tokaji was quoted by the Toledo Blade in an article about congressional districts drawn in a new map proposed by House Republicans. Tokaji, a senior fellow at Election Law @ Moritz, said, "This proposed plan has all the earmarks of the partisan gerrymander, and I would be shocked if it were not challenged."



HB 194: Election Reform or Voter Suppression?

September 13, 2011

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was interviewed as part of a segment on All Sides with Ann Fisher on WOSU. Among other points, Tokaji talked about when the law would go into effect.



Ohio Dems criticize GOP's proposed US House map

September 13, 2011

Professor Daniel Tokaji was quoted by The Associated Press in an article that was published by the Dayton Daily News and other subscribers regarding new U.S. House districts proposed by Ohio Republicans. Tokaji, a senior fellow at Election Law @ Moritz, said the process was anything but transparent and the proposed plan had all of the hallmarks of a partisan gerrymander. "Put simply, that's no way to run a railroad," Tokaji said. "It is the people of Ohio who are being railroaded under the current process."



Rep. Marcia Fudge says state-approved voter legislation will unfairly invalidate some ballots

September 2, 2011

Professor Daniel Tokaji was quoted by The Plain Dealer blog PolitiFact Ohio in its examination of a statement made by Rep. Marcia Fudge in regard to a sweeping election reform bill, H.B. 194. Tokaji, a senior fellow at Election Law @ Moritz, explained the various parts of the bill.

"The bottom line is that in some, but not all, circumstances, a ballot which has both a mark and the name of the candidate written in should be counted. Which is, of course, not to say that it will in fact be counted," Tokaji stated.



Citizens demand redistricting draft

August 31, 2011

Professor Daniel Tokaji was quoted by The Columbus Dispatch in an article about the fairness of sharing redistricting maps with the public far enough in advance of the Ohio Apportionment Board's Oct. 1 vote. A constitutional-law professor and election-law expert, Tokaji said that taking public comments before the maps are released in late September is not good enough.

“It’s essential to have a fair, open and transparent process for drawing district lines,” Tokaji said. He added that a few days at the end of September “is simply not enough time for those who care about how our district lines are drawn to review the proposed plans before they are voted on."



Cuyahoga County Council OKs absentee ballot mailing; Husted drops plan to block ballot applications

August 30, 2011

Professor Daniel Tokaji was quoted by The Plain Dealer in an article about the showdown over processing absentee ballots in Cuyahoga County sent through the mail. The county's executive, a Democrat, announced that his office would pay for mass mailings to voters when Secretary of State Jon Husted, a Republican, banned boards of elections from sending them.

Tokaji, an election law expert, said Husted has authority over the state’s boards of elections, but not over other county officials such as FitzGerald. Tokaji added that a lawsuit could be filed in an attempt to stop FitzGerald from sending out the ballot applications, but he didn't think an argument about keeping voting standardized statewide would prevail.

“Sometimes non-uniform treatment actually promotes equality,” Tokaji said. “There’s a really strong argument that sending out absentee ballots promotes equality even if other counties aren’t doing the same thing.”



U.S. States Tighten Voting Regulation With Republicans in Charge

August 25, 2011

Professor Daniel Tokaji was interviewed by Bloomberg News Service for an article about the flurry of activity in passing election laws nationally. With Republicans taking control of most U.S. capitols this year and a presidential race looming, states have passed the most election-related laws since 2003 in a push to tighten voting rules. Expanded early voting is perceived to have helped Democrats, especially Obama in 2008, more than Republicans, said Tokaji, associate director of Election Law @ Moritz.



Rep. Marcia Fudge says 11 percent of eligible voters lack a government ID

August 9, 2011

Professor Daniel Tokaji was quoted by PolitiFact.com in a piece assessing the validity of a statistic Congresswoman Marcia Fudge made pertaining to voters without a government-issued ID. Tokaji, an Election Law @ Moritz senior fellow, said he thought the figure she used from a 2006 survey conducted by the Brennan Center for Justice was "in the ballpark," in addition to citing another valuable study on voter ID laws.



Redistricting gets rolling in Ohio with Republicans holding the pen

August 6, 2011

Professor Daniel Tokaji was quoted by The Plain Dealer in Cleveland in an article about the shaping of new districts in Ohio following the most recent census. "I'm not expecting any new Republican districts, I'd look for a lot of safer Republicans districts and by extension safer Democratic districts," he said. "They will likely all be less competitive."



Supreme Court campaign finance ruling spurs wild ride in Wisconsin

August 2, 2011

Professor Daniel Tokaji was quoted by The Washington Times in an article about outrageous spending in Wisconsin campaigns by outside entities. “I can’t tell whether it was intentionally misleading or just incorrect info. It’s very troubling when an outside group is sending out materials that may cause votes to not be counted," he said, after examining a flier at the center of voter suppression complaints.



Is Ohio’s vote on health-care mandate only symbolic?

August 1, 2011

Professor Daniel Tokaji was quoted by The Columbus Dispatch about an Ohio ballot measure that would abolish the controversial federal health-care mandate and what it would actually do, if passed. Tokaji, a constitutional expert, said the proposal’s “legal impact can be summed up in one word: zero.”



Ohio IDs exceed voter-age residents

July 24, 2011

Professor Daniel Tokaji was quoted by The Columbus Dispatch and other various news outlets about a bill that would require Ohio voters to have a state-issued driver's license or photo ID. The Dispatch reported there are discrepancies between the number of IDs and voters on record. Tokaji, who specializes in election administration, said there are several reasons there could be more licenses than people: The BMV could be double-counting some people who have multiple licenses, such as motorcycle licenses; many people with Ohio IDs have recently left the state in search of work; or the census is undercounting the true Ohio population. "It's just not possible that every citizen in Ohio has a driver's license," Tokaji said. "We may not know exactly how many don't, but we know that it's not the case."



Redistricting warning shots fired

July 21, 2011

Professor Daniel Tokaji was quoted by The Columbus Dispatch in an article from the first public hearing on the map-drawing process for redistricting, held by an Ohio House and Senate committee traveling the state for feedback. "What can and should be avoided is a process in which a map is rammed down the public's throat with little or no meaningful opportunity for public comment," saidTokaji, an expert on election law.



Redistricting contest all set for your ideas

July 20, 2011

Professor Daniel Tokaji, an election law expert, was quoted in a Columbus Dispatch article about a competition allowing Ohio residents to draw their own redistricting maps. Tokaji said that, unlike people in his profession, many voters aren't in the know about redistricting. This contest, he said, is their chance to get involved and for "the people to take back the reins of power, whatever their political beliefs."



Ohio voter I.D. bill hits roadblock

June 28, 2011

Professor Dan Tokaji was mentioned in an article on the PBS Show Need to Know about a delay in a vote proposing a new voter ID law for Ohio.   Election law expert Daniel Tokaji told Need to Know that he fears these changes will cause confusion on Election Day. “Let’s bear in mind, most of this stuff is going under the radar,” Tokaji said. “What’s likely to happen is that a lot of voters are going to show up at the polling place at their primaries in 2012, or in November 2012, and find, to their dismay, that the rules have changed and that it’s going to be more difficult to vote and have one’s vote counted.”



Ohio Senate postpones vote on photo ID bill

June 24, 2011

Professor Dan Tokaji was quoted in the Mansfield News-Herald and dozens of other newspapers about the postponement of a bill in the Ohio Senate that would require all voters to present a photo ID at the polls. “It would be a terrible mistake, one that would surely haunt our state for years to come, if this bill were enacted into law,” said Ohio State University election law professor Dan Tokaji. “Simply put, HB 159 would make it more difficult for eligible citizens to vote and have their votes counted, while doing nothing to address electoral integrity.”

 



Debate over election reforms has partisan tone

June 23, 2011

Professor Dan Tokaji was quoted in the Zanesville Times Recorder and other newspapers about the partisan tone of many recent or pending election administration issues.  "You don't need to be an elections law professor to know what is going on here," Tokaji said. "It's a power grab, pure and simple. It's Republicans trying to hold down the Democratic vote."



Ohio ACLU threatens lawsuit if Buckeye photo ID bill becomes law

June 23, 2011

Professor Dan Tokaji was quoted in The Examiner about a potential lawsuit that will be filed by the Ohio ACLU if bill is passed in the Ohio legislature that would require voters to show a photo ID at the polls.  Dan Tokaji, an OSU law professor whose expertise is in voting rights and voting technology among other areas of study, offered his comments on the bill, on which he offered testimony. "If the bill passes in its present form, I think there’s a strong chance of a lawsuit succeeding," he said. "The bill doesn’t have the same protections for indigent voters and those with ID as the laws that were upheld in Indiana and Georgia. It’s also vulnerable to a lawsuit claiming that it’s racially discriminatory under the Voting Rights Act, which prohibits practices having a discriminatory RESULT, not just those motivated by discriminatory intent."

 



Voter ID provision yanked from bill

June 22, 2011

Professor Dan Tokaji was quoted in an article in the Springfield News-Sun about the removal of a voter photo ID provision from an elections reform bill in the Ohio Senate. The article said: "Ohio State University law professor Daniel Tokaji, an elections law expert, said there is no evidence that Ohio has problems with voter impersonation at the polls. In his research, he said he found only one instance of voter impersonation in Ohio over the past 10 years and it involved an absentee voter."



Photo-ID rule removed from elections bill

June 22, 2011

Professor Dan Tokaji was quoted in the Columbus Dispatch in an article about the Ohio Senate's decision to put a controversial voter photo ID requirement in separate legislation. "You don't have to be a law professor to figure out what's going on here," Tokaji said. "This is a power grab. It is a transparent effort by Republicans to make it more difficult to vote."



Poll Positioning: Voter ID Laws

June 18, 2011

Professor Dan Tokaji was on the PBS Show Need to Know discussing a new proposed voter photo ID law in Ohio.



Suppressing The Right To Vote

June 10, 2011

Professor Dan Tokaji was quoted in the Jewish Times of South Jersey in a column about the passage of strict voter photo ID laws in several states. Daniel Tokaji, a law professor at Ohio State University and an expert in election law, said that the changes are likely to affect close elections. “Remarkably, most of the significant changes are going under the radar. A lot of voters are going to be surprised and dismayed when they go to their polling places and find that the rules have changed.”



GOP Moves to Tighten Vote Rules in 13 States

May 31, 2011

Professor Dan Tokaji was quoted in a Newsmax article regarding the GOP's efforts to stiffen voter identification laws across the country. State Republicans have long attempted to legislate photo identification requirements and other changes, said Tokaji, a law professor at Ohio State University and an expert in election law. Previous bills were largely derailed after the Bush administration fired several United States attorneys whom Republicans had criticized for failing to aggressively investigate voter fraud, according to the Times.

“That’s what really killed the momentum of more states’ enacting voter ID laws,” Tokaji said. “Now with the last elections, with the strong Republican majorities in a lot of states, we’re seeing a rejuvenation of the effort.”



 



Republican Legislators Push to Tighten Voting Rules

May 28, 2011

Professor Dan Tokaji was quoted in a New York Times article about the push in 13 states with Republican-controlled statehouses to reduce the number of days in early voting, tighten voter registration rules, and require photo identification at polling places. The article said: Republicans have tried for years to get photo identification requirements and other changes through legislatures, said Daniel Tokaji, a law professor at Ohio State University and an expert in election law. Similar bills were introduced over the past decade, but were largely derailed in the aftermath of a political battle over the Bush administration’s firing of several United States attorneys whom Republicans had criticized for failing to aggressively investigate voter fraud.

“That’s what really killed the momentum of more states’ enacting voter ID laws,” Mr. Tokaji said. “Now with the last elections, with the strong Republican majorities in a lot of states, we’re seeing a rejuvenation of the effort.”



Voter ID debate could change 2012 landscape

May 25, 2011

Professor Dan Tokaji was quoted in an MSNBC story about the effect new voter identification laws could have on voter turnout. “It’s very difficult to trace the precise effect of ID laws on actual turnout, since there are so many things that can affect participation,” said Daniel Tokaji, an election law expert at Ohio State University’s Moritz College of Law. But, he said “there is considerable evidence about who doesn’t have government-issued photo ID, which shows that certain groups – such as elderly, disabled, minority, and poor voters — are likely to be especially hard hit.”

Tokaji said the bill passed by the Ohio House to require photo ID for voters “adds to the individual costs of voting — both in terms of money and time — with the ultimate result of reducing participation by the Democratic-leaning voters who don't already have the required ID. It's certainly no accident that student ID, even from a state school, is left off the list."

However, unlike the Ohio House bill, Wisconsin's law would allow students wanting to vote to use a valid identification card issued by a university or college in Wisconsin, or allow a person to obtain a free state ID if he cannot afford the fee.

But Tokaji said the Republicans are aiming at the wrong target. Most documented vote fraud involves mail-in absentee ballots — and yet the proposed Ohio legislation does not address that problem. “This reveals that the issue of voter fraud is a red herring — especially when one considers the utter lack of evidence that voter impersonation at the polls is a significant problem,” he said.



Restricting Access or Restoring Integrity?

May 18, 2011

Professor Dan Tokaji was quoted in a Cincinnati City Beat article regarding a push for stronger voter identification law in Ohio.  “Provisions of this bill will upset the stability of our election system and make it more difficult for eligible citizens to vote and have their vote counted,” says Daniel P. Tokaji, a professor with the Ohio State University’s Election Law @ Moritz project. “House Bill 194 will result in years of controversy, litigation and confusion for the state of Ohio, at a time when Ohio’s election system is functioning better than it did in 2004. The net effect of the bill would be to make our election system worse than better.”



Mike DeWine caught in crossfire on court challenge to campaign finance law

May 13, 2011

Professor Dan Tokaji was quoted in the Cleveland Plain Dealer about an Ohio campaign finance law barring Medicaid providers from  giving to campaigns for attorney general or county prosecutor and whether Mike DeWine, current Ohio Attorney General, broke that law because of his stock interests in Walmart, CVS, Kroger. Daniel Tokaji, a professor of law at Ohio State's Moritz College of Law, called the move to draw DeWine into the case "procedural skirmishing" but said it does speak to whether the law is drawn too broadly. While Tokaji doesn't think "it's too far-flung an interpretation" to apply the law to DeWine or other holders of stock in corporations such as Wal-Mart, CVS or Walgreens, he said there is a matter of greater concern. "There is a bigger issue here which is whether singling out this particular group of contributors -- namely Medicaid providers -- is constitutionally permissible," Tokaji said. "I think the state has to come with some stronger evidence that contributions from this group have led to corruption than what I've seen in the record."



What the law says about 'birther' bills

April 25, 2011

Professor Daniel P. Tokaji was invited by CNN to write and opinion piece on the legalities of so-called "birther bills" that require presidential candidates to prove citizenship before they can appear on a ballot in a state. "States have the power to determine whether presidential candidates are qualified to serve. They don't have the power to impose new requirements that would keep qualified candidates off the ballot. Imposing additional qualifications would violate Article II of the Constitution," Tokaji wrote.



OSU law prof, citizen watchdog comment on Ohio SOS disability voting grants

April 18, 2011

Professor Dan Tokaji was quoted in the Examiner about a recent proposal by the Ohio Secretary of State to provide grants to improve accessibility to and participation in the election process for individuals with disabilities.  Tokaji provided extensive comments related to HAVA - the Help America Vote Act - and common barriers those with disabilities face when trying to vote.



Ariz. plows controversial ground with birther bill

April 16, 2011

Professor Dan Tokaji was quoted in dozens of publications, including the Salt Lake City Tribune, Fox News, and St. Paul Pioneer Press, about the Arizona legislature's bill requiring all Presidential candidates to prove their citizenship before their names can appear on the ballot.  The article said: Daniel Tokaji, an election law expert at Ohio State University's law school, said he doesn't think the bill on its face conflicts with federal law. But he said a court might find its application unconstitutional. "I think the state of Arizona, like any other state, is entitled to formulate rules to ensure that candidates whose name appear on the ballot are in fact qualified," Tokaji said.



Ohio House Speaker William G. Batchelder says Georgia’s voter ID law didn’t dissuade black voters from participating

April 4, 2011

Professor Daniel P. Tokaji was quoted in the Cleveland Plain Dealer's PolitiFact Ohio column about whether a voter ID law in Georgia, which is similar to one proposed in Ohio, affected voter turnout. "It's an obviously specious argument," said law professor Daniel Tokaji, associate director of Ohio State University's Election Law @ Moritz project, who testified against the photo-ID bill. "A lot of things affect turnout. The last two election cycles are ones in which the Democratic base has been extraordinarily motivated."

 



Review casts doubt on outcome of race

March 27, 2011

Professor Daniel P. Tokaji was quoted in a Toledo Blade article on the counting of provisional ballots in the November race for Lucas County Commissioner. The article said: "A widely respected election-law expert contacted by The Blade, Daniel Tokaji of the Ohio State University Moritz College of Law, said: 'It seems to me there were some interesting questions of law that could have reasonably been decided both ways.' Still, he said Ohio courts have a history of erring on the side of the voter when the flaw can be blamed on a mistake by an election worker. 'I think the lesson for candidates in the future is if you've got a strong case for not counting certain ballots, get judicial action before the ballots are counted. It's hard to put the genie back in the bottle,' Mr. Tokaji said."
 



Ohio Republicans pass new Jim Crow law disenfranchising 900,000 voters

March 24, 2011

Professor Daniel P. Tokaji was quoted in an OpEdNews.com and The Free Press column regarding an proposed new voter identification law in Ohio. The article said, "Usually cautious critics like Dan Tokaji, Professor of Law at Ohio State's Moritz College of Law, offered dire assessments: 'Disenfranchisement' isn't a word to be used lightly. But it is necessary to capture this bill's purpose and impact. Passage of this bill would restore our state's unfortunate reputation as our nation's capital of vote suppression.'"

 



Making voters show photo ID is bid to hassle

March 24, 2011

Professor Dan Tokaji was quoted in the Springfield News-Sun about an Ohio House bill that would require voters to show a photo ID at polling places. The article said:  Daniel Tokaji, associate director of Ohio State University’s Election Law @ Moritz project, said the bill “would make it more difficult for eligible citizens to vote and have their votes counted, while doing nothing to promote electoral integrity.”



Voter photo-ID bill moving fast through Ohio House

March 22, 2011

Professor Dan Tokaji was quoted in a Columbus Dispatch story about a bill moving through the Ohio House of Representatives that would require voters to show a photo ID before voting. The story states: “In written testimony to the committee, Daniel Tokaji, associate director of Ohio State University's Election Law @ Moritz project, said the bill ‘would do much harm and no good.’ It ‘would make it more difficult for eligible citizens to vote and have their votes counted, while doing nothing to promote electoral integrity.’”



OSU voting law prof says GOP voter ID bill 'another great embarrassment for Ohio

March 22, 2011

Professor Dan Tokaji was quoted in an Examiner article about the Ohio Fair and Secure Elections Act bill, which would require voters to show a photo ID at the polls in order to vote. Tokaji was quoted extensively and said, "Sadly, this appears to be its only real purpose. Its passage would be yet another great embarrassment for our state."



OSU law expert reviews new 'Citizens United' disclosure rules

December 29, 2010

Professor Daniel Tokaji was recently quoted in an Examiner.com story about a set of approved permanent rules designed to address the impact of the "Citizens United" case in, which Ohio may raise Constitutional issues and have a big loophole in them. The story states: “Tokaji, a reliable and recognized expert in election law, civil rights, and federal courts who has litigated numerous civil rights and election law cases, cautioned upon review of the new rules that the big loophole he saw ‘is that for-profit corporations may be able to funnel money through another organization, and thereby prevent the public from following the money.’”



Seminal papers on election law and election administration

December 21, 2010

Professor Daniel Tokaji was recently mentioned in a press release about a festschrift honoring Daniel H. Lowenstein in the current issue of Election Law Journal. The story states: “A host of legal luminaries feted Lowenstein at a day-long conference earlier this year, sponsored by Election Law Journal and UCLA School of Law. Their presentations are published in the current issue of the Journal, and the last issue to be co-edited by Lowenstein and co-Founding Editor Richard Hasen, from Loyola Law School, who will hand over the editorial reins of the newly named Election Law Journal: Rules, Politics, and Policy to Paul Gronke, Professor of Political Science at Reed College, and Daniel Tokaji, Professor of Law at The Ohio State University, Moritz College of Law.”



Iowa secretary of state plans to seek re-election

November 24, 2010

Professor Daniel Tokaji was recently quoted in a Quad-City Times story about Iowa Secretary of State Matt Schultz’s plan to run for re-election in four years, and the changes he will make regarding voter ID laws. The story states: “The public generally supports voter ID laws, according to Daniel Tokaji of the Moritz College of Law at The Ohio State University, who specializes in voting law.”



Using Provisional Ballots

November 3, 2010

Professor Dan Tokaji was a featured guest on WBNS-10TV on Wednesday morning following Tuesday’s election. Tokaji discussed provisional ballots, how they are used, and what procedures are in place to count them.



In Ohio, Absentee Ballots Surge .

November 2, 2010

Professor Dan Tokaji was recently quoted in a Wall Street Journal story about the high percentage of absentee ballots cast in Ohio. The story states: “Daniel Tokaji, a law professor at Ohio State University's Moritz College of Law, says that in recent years the political parties have been encouraging people to vote absentee in light of worries about waning voter enthusiasm. ‘They were worried they might not turn up at polls on Election Day,’ he said.”



More Voting Headaches Ahead?

November 1, 2010

Professor Dan Tokaji was recently quoted in a National Journal story about the functioning of voting systems during the upcoming elections. The story states: “‘I actually am cautiously optimistic,’” said Daniel Tokaji, a professor at Ohio State University’s Moritz College of Law. ‘We’re now getting to the point where local election officials and poll workers are becoming more familiar with voting requirements. And I may be foolish, but I’m expecting fewer problems this time around.’”



Camps Lawyer Up For High-Pressure Election Day

October 27, 2010

Professor Daniel Tokaji was quoted in a National Journal story about lawyers and activists gearing up for the upcoming election after reaching a record number of registered voters. The story states: “The use of provisional ballots may also boost the risk of a legal tussle. The Help America Vote Act of 2002 requires election officials to offer provisional ballots to voters whose registration is in question. The surge in new voters, coupled with voter roll problems and controversies, make such questions more likely this year. But rules for counting provisional ballots vary from state to state, and their use tends to encourage lawsuits. ‘If you have provisional ballots, it increases the margin of litigation,’ said Daniel Tokaji, a law professor at Ohio State University.”



Ohio Independent Senate candidate Pryce decries 'stacked' deck for Dems, GOP

October 26, 2010

Professor Dan Tokaji was recently quoted in an Examiner.com story about Ohio Independent state candidate Michael L. Pryce. The story states: “In a continuation of my special reporting on the trials and tribulations of minority party candidates who through a unique sequence of events involving the Ohio legislature and the Secretary of State's office made it to the ballot this year, giving voice to what Pryce described in a letter to CGE on his frustrations running for office as a 'sad experience' will hopefully shed a little light on the nation's two-party system, whose practical effect, as Ohio State University Law Professor and nationally known election-law expert Daniel Tokaji recently told CGE, suppresses the vote.”



Felons challenge voting prohibition

October 19, 2010

Professor Dan Tokaji was recently quoted in a Journal Sentinel story about two felons challenging the Wisconsin constitution because it prohibits felons from voting until their sentences, including probation and payment of fines, have been completed. The story states: “Dan Tokaji, a professor at Ohio State University who specializes in election law and scholarship, said courts have held that even though affected groups don't have to prove intentional discrimination under Section 2 of the Voting Rights Act, they must show something more than a law's disproportionate impact.”



10 years after Bush v. Gore, new concerns about voting

October 18, 2010

Professor Dan Tokaji was recently quoted in a USA Today story about updated voting systems and the possibility for mistake. The story states: “As a result, most states and counties will have to limp along with their current equipment until they can afford to replace it. And until then, manufacturers will have little reason to innovate. ‘We will see innovation if there's money for it,’ says Dan Tokaji, an elections expert at Ohio State University's Moritz College of Law. ‘We won't if there's not.’”



19 days until the election... but many have already cast their ballots

October 14, 2010

Professor Daniel Tokaji was recently featured in a segment of Fox News about early voting. In the segment, Tokaji says: “[Early voting] is a growing trend. It’s really picked up in the past ten years… This is changing the face of elections. It’s changing campaign strategies; it’s changing the way campaigns are run, when ads had to be purchased, and it’s gone, for the most part, under the radar.”



Should the state require you to show ID to vote?

October 5, 2010

Professor Dan Tokaji was recently quoted in a Wichita Eagle story about states requiring a photo ID be shown to vote. The story states: “Research has shown that racial or ethnic minorities, particularly African-Americans and Hispanics, are more likely to be asked for ID at the polls, said Dan Tokaji, an Ohio State University law professor who specializes in election law. He also said an ID is requested of men more than women. ‘There's always a concern that poll workers will exercise their authority in a way that's unfair or discriminatory,’ he said.”



Surge in early voting upends election playbooks

October 5, 2010

Professor Dan Tokaji was recently quoted in a Los Angeles Times story regarding early voting and how it is changing the way politicians campaign. The story states: “Tokaji said one argument against early voting had been that such developments could affect voters' decisions. But he dismissed that likelihood. ‘I think most of the people who are voting early — the vast majority, in fact — have already made up their minds," he said. "In those instances where there is late-breaking news, it doesn't necessarily make for better decision making.’”



Early-voting stretch begins Tuesday

September 27, 2010

Professor Dan Tokaji was quoted in a Columbus Dispatch story regarding early voting in Ohio. The story states: “The jury is still out about whether increasing absentee voting affects overall voter turnout, and there is some evidence to suggest that it merely shifts votes that would have been cast on Election Day or produces only a modest increase in turnout, said Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center.”



As Laws Shift, Voters Cast Ballots Weeks Before the Polls Close

September 27, 2010

Professor Dan Tokaji was recently quoted in a New York Times story about the rise in early voting and how it will influence how political campaigns are conducted. The story states: “‘It’s not going to represent a seismic shift in the number of people voting,’ said Dan Tokaji, an Ohio State University law professor who studies early voting and election law. ‘The convenience of voting is a factor, but it’s not the major reason that people don’t show up to vote.’”



Early bird gets the vote?

September 16, 2010

Professor Dan Tokaji was quoted in an Associated Press story about early voting. The story states: “Dan Tokaji, an early-voting expert and professor at Ohio State University's Moritz College of Law, said evidence is mixed on whether early voting increases turnout. ‘It's not likely to result in a seismic shift in turnout, but it can make a difference in close races,’ he said. ‘There may be some voters teetering on the edge in terms of whether they'll come out to vote.’”



Is it illegal to buy a vote in D.C.?

September 9, 2010

Professor Daniel Tokaji was quoted in a newstory on TBD.com about bribery in the public sector regarding mayoral races in Washington, D.C. Tokaji talked about the level of clarity in current District laws about bibery: “Still, he thought the use of the word ‘bribery’ was important in the law, and noted that it wasn't defined. Its use, he said, implied to him that if it someone was given a financial benefit in exchange for voting for a particular candidate, it would be illegal. Simply paying someone to vote, without requiring that they cast their ballot for one candidate, wouldn't fall under the law.”



Shelby County voting rights case to go before D.C. judge

September 9, 2010

Professor Daniel Tokaji was quoted in an Alabama Live! article about an Alabama county’s challenge to the Voting Rights Act as an outdated burden, which is on its way to federal court and could possibly go before the U.S. Supreme Court. Tokaji talked about the inevitability of the Supreme Court hearing a case about Section 5: “A separate challenge to Section 5 is also pending in a North Carolina case, and the two lawsuits are being watched closely by election law experts. ‘I can say with confidence that one of these cases, or maybe some other case, will come before the Supreme Court, and they will have to confront the constitutionality of Section 5,’ said Daniel Tokaji, a professor at the Moritz College of Law at The Ohio State University.”



5,800 dead in Ohio still on voter rolls

August 29, 2010

Professor Daniel Tokaji was quoted in a Columbus Dispatch article about voting registration after a study shows that over 5,000 deceased people who are still registered to vote. Tokaji talked about possible resolutions to the problem: "Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center, said the state needs to be careful not to cancel a voter's registration by mistake. 'Database management is never going to be perfect,' he said. 'It is far more harmful to delete a voter who's really eligible than to leave someone on who may or may not be deceased.'"



Mixing business, politics often causes ‘backlash’

August 22, 2010

Professor Daniel Tokaji was quoted in a Dayton Daily News article about the uncertainties of mixing business and political affiliation. Tokaji talked about the possible backlash for corporation who decide to make political connections: "The backlash against Target and Best Buy may deter corporations from spending money in support of candidates, said Ohio State University law professor Daniel Tokaji. But another possible scenario is that initial hesitance will give way to corporate spending on elections if they want to be heard afterwards. 'One of the things these candidates are going to be looking for once they’re in office is ‘Did you support me?’ It’s hard to know for sure how it will play out. I tend to think that the latter scenario is more likely.”



The era of bilingual voting will dawn soon in Northeast Ohio

August 22, 2010

Professor Daniel Tokaji was quoted in a Cleveland Plain Dealer article about voting in Northeast Ohio. The U.S. Justice Department's demand that Cuyahoga County provide more assistance to Puerto Rican voters could bring about a new era of bilingual and maybe multi-lingual voting in Northeast Ohio. Tokaji talked about the likeliness of that happening: "'It's certainly likely that Cuyahoga County will have to go to bilingual balloting after the next census comes in,' said Daniel Tokaji, an expert on election law at Ohio State University."



Absentee voting is growing

August 4, 2010

Professor Daniel Tokaji was quoted in a Columbus Dispatch article about the percentage growth of absentee voting in Ohio. Tokaji was quoted about the drawbacks of increasing absentee ballots: “‘I think there are some real concerns about absentee voting,’ said Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center. He supports people voting in person, even if it's early by absentee ballot.”



Fraud ruling? Experts say minimal impact on Blago

June 27, 2010

Professor Daniel Tokaji was quoted in an Associated Press story about the fallout from the U.S. Supreme Court’s ruling last week concerning the case of former Enron executive Jeffrey Skilling. The court ruled that criminal convictions are only valid in honest services fraud cases if bribes or kickbacks are involved, and not merely conflicts of interest. Tokaji was quoted regarding the length at which this ruling will affect other convictions: The supreme courts case “can probably proceed, but the decision narrows and clarifies what they are going to have to prove to get a conviction,’ law professor Daniel P. Tokaji of the Ohio State University said after studying the decision handed down Thursday.”



R-71 case: What's next?

June 24, 2010

Professor Daniel Tokaji was quoted in a Seattle Post-Intelligencer story about Referendum 71, an attempt to overturn a new, expanded gay rights law. The referendum prompted “Doe V. Reed,” which led to the U.S. Supreme Court ruling that people who sign petitions for referendums and initiative can have their names released to the public. Tokaji was quoted from a statement that he made regarding the case: “Daniel P. Tokaji, an expert in election law at The Ohio State University Moritz College of Law, said in a statement the State of Washington ‘has won this battle, but not yet the war....opponents of Washington's domestic partnership law can still make the narrower argument that, in this particular case, disclosing the petitions would violate the constitutional rights of those who signed them.’”



Our view: Break down barriers to voting

May 23, 2010

Professor Dan Tokaji was quoted in a Duluth News Tribune editorial about the mandatory use of photo ID at election polls. The piece states: “'You’d have to be a fool to go to the polls and pretend to be someone else,' Ohio State University law professor Daniel P. Tokaji added in an interview with the network. 'If you’re (going to) cheat, the easiest way is to do so through mail-in ballots.'"



Last-minute bill gives governor more redistricting power

May 10, 2010

Professor Daniel Tokaji was quoted in an Atlanta Journal-Constitution story about a change made to Georgia’s election laws. The story states: "‘I can't think of any state that has done something like this before,’ Tokaji said. ‘The job of the attorney general in most states is to enforce state law and of course to defend state laws when they're subject to challenge. To go over the attorney general's head when you simply don't like the decision he might make is unusual. I'm not going to go so far as to say it's illegal or a violation of the state's constitution, but it strikes me as quite unusual.’”



Republican Party Can’t Raise ‘Soft’ Money, Court Says

March 26, 2010

Professor Dan Tokaji was quoted in a Bloomberg story about a campaign finance ruling regarding raising “soft money.” The story states: “‘This is clearly an unstable area of the law,’ said Daniel Tokaji, associate director of the election-law program at Ohio State University’s Moritz College of Law in Columbus. He said both rulings are candidates for Supreme Court review.”



OSU law expert says lawsuit challenging health care bill should fail if 'wild card' court stays away

March 23, 2010

Professor Dan Tokaji was quoted in an Examiner.com story about lawsuits being filed against the federal government in response to the new health care reform law. “Tokaji, whose areas of expertise include election law, civil rights, and federal courts, said that while he would not hazard a response to the second argument put forward by plaintiff attorneys -- that the penalty for those who don't buy insurance violates the Constitution's tax-apportionment clause -- his immediate response, given without benefit of thorough study of the lawsuit, was that the case should not be upheld at the federal level.”



Feds seek further sale of voting-machine systems

March 12, 2010

Professor Dan Tokaji was quoted in a Columbus Dispatch story about the sale of voting machines in Ohio. The story states: “But Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center, said he questions whether the divestiture alone will create the robust market needed to spur competition and innovation in voting technology. ‘I definitely think it's a step in the right direction, but it's not enough to solve our long-term voting technology problems,’ he said.”



Grayson aims to rein in corporate campaign ads

January 21, 2010

Professor Dan Tokaji was quoted in an Orlando Sentinel story about a Supreme Court decision that changes previous rules regarding contributions to political campaigns made by corporations, nonprofits, and unions. The story states: "‘The court would be quite hostile to this legislation,’ said Daniel Tokaji, an election expert at the Moritz College of Law at Ohio State University. ‘It puts special burden on corporate speech in the area of political contributions, and it's pretty clear that the court is emphatically protective of corporate speech.’”



Election Day

November 3, 2009

Professor Daniel Tokaji was guest on “All Sides with Ann Fisher” on WOSU. Tokaji discussed election administration issues surrounding Election Day in Ohio.



Indiana Court Strikes Down Voter ID Law

September 17, 2009

Professor Dan Tokaji was quoted in an article in The New York Times regarding an Indiana state appellate court declaring an Indiana state law requiring voters to show identification in violation of the Indiana Constitution. The story states: “But Daniel P. Tokaji, an associate professor at Moritz College of Law, at Ohio State University, said the Indiana Constitution ‘does indeed provide broader protection for voting rights’ than the federal Constitution.”



Nearly all Ohio counties now to be served by single voting-device company

September 14, 2009

Professor Dan Tokaji was quoted in a Columbus Dispatch article on concerns about the acquisition of Premier Election Systems by Election Systems & Software. The story states: " 'Losing a major player in the business, as troubled as that company has been, is not likely to get us a better marketplace,' said Dan Tokaji, an Ohio State University law professor and assistant director of OSU's election-law center."



How to get eligibility ruling from Supremes

May 16, 2009

Professor Dan Tokaji was quoted in a World Net Daily story about what steps would likely lead the U.S. Supreme Court to rule on Barack Obama’s eligibility to be president. The story states: “‘If a 'rogue' state court kicked Obama off the ballot, there's very little doubt in that circumstance that the Supreme Court would interject itself,’ he said.”



Ohio concerned about number of provisional ballots

March 11, 2009

Professor Dan Tokaji was quoted in an Associated Press story about Ohio’s comparatively high rate of provisional ballots in the 2008 general election. The story states: “Provisional ballots are a ‘mixed bag’ because they provide an opportunity to vote to people who may not otherwise have been able to, but wide-ranging policies among states and counties can create confusion, said Dan Tokaji, an elections law expert at Ohio State University."



The Budget Crisis May Yield Sea Change in Election Politics

February 20, 2009

Professor Daniel Tokaji was quoted in a New York Times story about California possibly changing its primary system. The story states: “‘I don’t think there is any question that California is more influential than the average state, being both the largest and with the most ballot initiatives,’ said Dan Tokaji, an election law specialist at Ohio State University. ‘Its direct democracy can often affect other states.’”



Vote count drags on Election Day

December 2, 2008

Professor Daniel Tokaji was quoted in an Akron Beacon Journal story about the ongoing counting of ballots in Ohio. The story states: “‘If we had a 500-vote or even 5,000-vote margin, it would have been Florida all over again,’ said Daniel P. Tokaji, an election law specialist at Ohio State University's Moritz College of Law.”



Phantom voters haunt local election boards

November 23, 2008

Professor Daniel Tokaji was quoted in a Toledo Blade story about inactive voters on the Ohio voting roles. The story states: “Daniel Tokaji, an election law professor at the Ohio State University, said boards of election are not required to wait any longer than two federal elections to remove inactive voters. ‘That's their own choice. The federal law is pretty clear about this. I suppose the law certainly doesn't prohibit them from waiting a long time if they choose. There's nothing in federal law that requires them to wait 12 years,’ Mr. Tokaji said.”



Registration, voting overlap would end under GOP bill

November 18, 2008

Professor Daniel Tokaji was quoted in a Columbus Dispatch story about new Ohio legislation that could alter how elections are run in the state. The story states: “Daniel Tokaji, assistant director of Ohio State University's election law center, questions whether the bill would violate federal law, which says registration must not end earlier than 30 days before an election. He also said there is no good reason to stop Golden Week, which, he said, improves voter participation. ‘In the off chance that someone who is not eligible fraudulently tries to vote, there is plenty of time to catch the error before votes are counted,’ he said.”



Senate race in Minnesota headed for recount

November 14, 2008

Professor Daniel Tokaji was quoted in a Chicago Tribune story about the Minnesota recount involving the race for the U.S. Senate. The story states: "‘Minnesota has a very good election system,’" said Daniel Tokaji, an elections specialist at Ohio State University's law school. “‘You don't have hanging chads, but you can have ambiguous markings on ballots.’”



Coleman-Franken finish: It's beginning to look like Christmas, or later

November 13, 2008

Professor Daniel Tokaji was quoted in the Rochester, Minn., Post-Bulletin in a story about the recount in the Minnesota U.S. Senate race. The story states: "‘Minnesota has a very good election system,’ said Daniel Tokaji, an elections specialist at Ohio State University's Moritz College of Law. ‘You don't have hanging chads, but you can have ambiguous markings on ballots.’”



Ohio considers more early-voting locations

November 13, 2008

Professor Daniel Tokaji was quoted in a Youngstown Vindicator story about a possible change in Ohio’s early voting procedures. The story states: “Long early voting lines discouraged some voters in large counties, said Dan Tokaji, a law professor at Ohio State University. ‘The most useful reform would be to expand the number of locations in larger counties,’ Tokaji said.”



Ohio election officials consider expanding early voting system

November 11, 2008

Professor Daniel Tokaji was quoted in a Cleveland Plain Dealer story about possibly expanding the early voting system in Ohio. The story states: “‘The most useful reform would be to expand the number of locations in larger counties,’ Tokaji said.”



Newspaper: Paper ballots had more errors

November 9, 2008

Professor Daniel Tokaji was quoted in a Dayton Daily News story about counting ballots in Franklin County, Ohio. The story states: "‘It's distinctly possible that uncounted votes with paper ballots will make the difference in the Kilroy-Stivers race, given that the number of overvotes and undervotes is much greater than the present margin,’ said Dan Tokaji, an elections law expert at Ohio State University.”



Liberal Lawyer's Group Wants Same-Day, Nationalized Voter Registration

November 7, 2008

Professor Daniel Tokaji was quoted in a CNSNews.com story about adopting a national same-day voter registration plan. The story states: “’We do have some serious problems, especially with voter registration,’ said Daniel Tokaji, law professor and associate director of the Election Law Project at Ohio State University.”



Big turnout could mean headaches

November 4, 2008

Professor Daniel Tokaji was quoted in a Boston Globe story about voter turnout on Election Day. The story stated: “‘Just as voting machines were the big problem of 2000 and provisional ballots were a big problem in 2004, the issue of voter registration could be the problem this year,’ said Daniel Tokaji, a professor at the Ohio State University school of law.



Courts, lawyers expect busy day

November 4, 2008

Professor Daniel Tokaji was quoted in a Cincinnati Enquirer story about possible problems on Election Day. The story states: "‘The laws are not always clear, so some of these disputes find their way into court,’ said Daniel Tokaji, an Ohio State University law professor who has challenged some of those laws on behalf of civil rights groups. ‘I don't think that's necessarily a bad thing.’”



Courts, lawyers expect busy day

November 3, 2008

Professor Daniel Tokaji was quoted in a Cincinnati Enquirer story about possible problems on Election Day. The story stated: "‘The laws are not always clear, so some of these disputes find their way into court,’ said Daniel Tokaji, an Ohio State University law professor who has challenged some of those laws on behalf of civil rights groups. ‘I don't think that's necessarily a bad thing.’”



Early voters report problems at North Texas polling places

October 29, 2008

Professor Daniel Tokaji was quoted in a Dallas Morning News story about early voter problems in north Texas. The story states: “‘If poll workers are going outside the law or don't know the law, it creates the problem of unequal treatment,’ said Daniel P. Tokaji, a law professor at Ohio State University. ‘The likelihood we'll see scattered problems is probably 100 percent.’”



A Myth of Voter Fraud

October 28, 2008

Professor Daniel Tokaji was quoted in a Washington Independent story about suspected voter fraud throughout the United States. The story states: “‘Besides Florida, you’d have to go back to the 19th century in the United States to get to an election that was that close,’ said Daniel Tokaji, a law professor at Ohio State University and an expert in election law. ‘Then again, in 2004 we weren’t that far away — there were about 100,000 votes in Ohio on which the outcome depended. If we’d had a second litigated election in 2004, it would have been like lightning striking twice. So it could happen again.’”



Camps Lawyer Up For High-Pressure Election Day

October 27, 2008

Professor Daniel Tokaji was quoted in a National Journal story about lawyers who are preparing to work handling issues that arise on Election Day. The story states: “‘If you have provisional ballots, it increases the margin of litigation,’ said Daniel Tokaji, a law professor at Ohio State University.”



Some voters 'purged' from voter rolls

October 26, 2008

Professor Daniel Tokaji was quoted in a CNN.com story about voters being purged from voter roles in several states. The story states: “"Vote suppression is real. It does sometimes happen," said Daniel P. Tokaji, a law professor at Ohio State University.”



Is Ohio doomed to ballot battles?

October 26, 2008

Professor Daniel Tokaji was quoted in a Columbus Dispatch story about possible problems arising during the Nov. 4 general election in Ohio. The story states: “‘My own opinion is that I actually think it's a good thing for disputes over what laws mean to be resolved in courts before Election Day,’ said Daniel Tokaji, assistant director of OSU's election law center. ‘It clarifies the rules of the game in advance. It's far better to do that rather than try to clean up the mess afterwards as in Florida in 2000.’”



New voters must pass 3 checks

October 24, 2008

Professor Dan Tokaji was quoted in a Columbus Dispatch story about voter registration checks in Ohio. The story states: “Daniel Tokaji, assistant director of an elections law center at Ohio State University, said, ‘The existing laws are more than adequate to prevent fraudulent voting. Mickey Mouse is not showing up to vote.’”



Mistrust Runs High As Early Voters Cast Ballots

October 23, 2008

Professor Dan Tokaji was featured on a NPR’s “Talk of the Nation” for a story about Republicans and Democrats blaming each other for fraud and voter disenfranchisement.



Provisional ballots this year's hanging chad

October 20, 2008

Professor Dan Tokaji was quoted in a San Antonio Express-News story about provisional ballots and their implications on the Nov. 4 general election. The story states: “Daniel Tokaji, a specialist in election law at Ohio State University, sides with Brunner on this. ‘In a close election,’ he said, ‘you can imagine the parties are going to be fighting tooth and nail over every provisional ballot. The hanging chad of this year is provisional ballots.’”



Illegal voters, or just getting out the vote?

October 19, 2008

Professor Dan Tokaji was quoted in a Columbus Dispatch story about people coming to Ohio to possibly register and vote. The story states: "‘My bottom line is for some of these cases, there's a gray area in the law as to whether someone's intention to remain is sufficient in circumstances where they've come here and it's not clear how long they plan to stay here,’ Tokaji said.”



Prosecutor with McCain ties seeks voter records

October 18, 2008

Professor Dan Tokaji was quoted in an Associated Pressstory about a county prosecutor who requested personal information for some Ohio voters who registered and cast a ballot during a weeklong period earlier this month. The story states: “‘This is extremely worrisome when a partisan official engages in conduct that could reasonably be interpreted as voter intimidation and voter suppression,’ Tokaji said. ‘This appears to be part of a concerted strategy on the part of some elements of the Republican Party to exaggerate voting fraud in an effort to suppress participation.’”



Ohio reviews voter registration procedures to ensure legality

October 15, 2008

Professor Dan Tokaji was quoted in the Ohio University Post in a story about Ohio voter registration procedures. The story states: “‘The bottom line is — if states are following the law — the laws are designed to protect the voter and make sure the voters aren’t wrongfully deleted from the list,’ said Daniel P. Tokaji, associate director of the Moritz College of Law at Ohio State University.”



Voter-registration group ACORN focus in presidential politics

October 15, 2008

Professor Dan Tokaji was quoted in the Los Angeles Times story about the Association of Community Organizations for Reform Now group and their involvement in voter registration. The story states: “'Mickey Mouse may show up on a registration list, but he's not likely to vote,’ said law professor Daniel P. Tokaji of Ohio State University.”



Ruling May Impede Thousands of Ohio Voters

October 15, 2008

Prof. Daniel Tokaji was quoted in a New York Times story regarding a federal appeals court decision that Ohio Secretary of State Jennifer Brunner says could prevent 200,000 registered voters from casting ballots in November. The story states: “Daniel P. Tokaji, a law professor and voting expert at Ohio State University, said he thought the appellate decision was wrong. He said the stated purpose of the ‘matching’ requirement in the federal law, the 2002 Help America Vote Act, was to accelerate procedures at the polls, somewhat like an E-Zpass lane at highway toll plazas. It was meant to allow voters to avoid showing identification if they had already been screened using database checks, he said. The federal matching requirement, Mr. Tokaji said, was not meant to determine eligibility, deter voter fraud or raise added barriers for voters by forcing some to vote provisionally. ‘The majority judges don’t seem to grasp this point,’ he said.”



McCain Interview Won’t Be Shown Until After Election

October 13, 2008

Professor Dan Tokaji was quoted in a New York Times story about the delaying the release of a film that quotes John McCain about his imprisonment during the Vietnam War until after the November election. The story states: “Daniel P. Tokaji, an associate professor at the Ohio State University law school, said promotional showings of the McCain interview would present no obvious legal issue. ‘I don’t immediately see what law they would violate,’ said Professor Tokaji, who specializes in election law.”



Election law experts foresee problems at the polls

October 9, 2008

Professor Dan Tokaji was quoted in a Harvard Law Record story about potential problems in November’s election. The story states: “‘First, there is redistricting, including racial and partisan gerrymandering. Second, there are issues of money in politics, such as campaign finance. And third, there are nuts and bolts issues-voter I.D., voting machines, registration, and how things work on the ground.’”



States’ Actions to Block Voters Appear Illegal

October 9, 2008

Professor Dan Tokaji was quoted in a New York Times story about election officials reportedly purging voter registration databases. The story states: “‘Just as voting machines were the major issue that came out of the 2000 presidential election and provisional ballots were the big issue from 2004, voter registration and these statewide lists will be the top concern this year,’” said Daniel P. Tokaji, a law professor at Ohio State University.



Area homeless vote early

October 9, 2008

Professor Dan Tokaji was quoted in the OSU student newspaper, The Lantern, regarding a story about area homeless voters. The story states: “‘Homeless voters have the same right to vote that everyone else has, and although there have been attempts to deny them that right, that right ought not be denied,’ Tokaji said. ‘If they are registered anywhere in the state, they're entitled to vote by going to their precinct on Election Day. That precinct would be the place that encompasses the area where they usually reside.’”



Election 2008: Election Law (and How They Break It)

October 7, 2008

Professor Dan Tokaji was featured in a Washington Post online question-and-answer session regarding election law. He stated: “We've got to be clear what we mean by "rigging" an election. The parties and candidates will always try to work the system to their strategic advantage. And so long as they do so within the boundries of the law, that's perfectly okay. No one said that democracy would be clean or tidy. The big problems come when political operatives or the government try to twist the rules to their advantage.”



Vote Fraud 2008: The Coming Disaster?

October 6, 2008

Professor Dan Tokaji was quoted in a Newsmax.com story about potential problems in the Nov. 4 election. The story states: "The prospect of a tsunami of voters with outdated addresses showing up at polling places has election officials worried. 'It's a big potential concern,’ Daniel Tokaji, an Ohio State law professor and election expert,' tells Newsmax."



Wary eyes on 'sign up & vote'

October 5, 2008

Professor Dan Tokaji was quoted in a Cincinnati Enquirer story about Ohio’s five-day register and vote window. The story states: “If anything, said Dan Tokaji, an Ohio State professor of elections law and a consulting attorney for the group that sued to keep the window open, doing it earlier provides another check on the system. ‘On the unlikely event that there are ineligible voters, there's plenty of time to challenge them and have them removed from the stack before Nov. 4,’ Tokaji said."



Voting goes to court

October 2, 2008

Professor Dan Tokaji was quoted in a Chicago Tribune story about possible election law litigation. The story states: “Voter registration is likely to be the issue of the 2008 election season," said Daniel Tokaji, an election law specialist at Ohio State University Moritz College of Law.



One federal judge upholds Ohio's early voting policy; second ruling awaited

September 29, 2008

Professor Dan Tokaji was quoted in a Columbus Dispatch story about a federal judge upholding an interpretation of the state’s absentee voting laws. The story states: “Daniel Tokaji, an associate law professor at Ohio State's Moritz College of Law, working with the American Civil Liberties Union in the lawsuit filed in Cleveland, argued that Gwin's ruling should take precedence because it was filed first. Depending on how Smith and the Ohio Supreme Court rules, the matter may end up before the 6th U.S. Circuit of Appeals, he said. Tokaji called the Ohio GOP federal lawsuit ‘a blatant effort at judge shopping.’”



Experts: Lawsuit unlikely to void election

September 27, 2008

Professor Daniel Tokaji was quoted in the Green Bay, Wis., Press Gazette regarding challenges to voter registration record checks made in the state. The story states: “Dan Tokaji, an Ohio State University election law professor, said Republicans could try to mount a post-election challenge over a lack of registration checks, but it would almost certainly fail. ‘It's really hard to imagine a plausible challenge to the election results on these grounds,’ Takoji said. ‘I can imagine Republicans trying to use this to make a lot of noise. It's hard for me to imagine that strategy ultimately prevailing.’”



Ohio voters responsive to absentee voting push

September 23, 2008

Professor Dan Tokaji was quoted in a Cleveland Plain-Dealer story about a surge in absentee voter applications in Ohio. The story states: “‘In an ideal world you'd love to see everyone offer the opportunity to vote by whatever means are permissible under the law,’ said Dan Tokaji, an elections law expert at The Ohio State University's Moritz College of Law.”



Voting system remains untested

September 22, 2008

Professor Dan Tokaji was quoted in a Cleveland Plain Dealer story about new voting systems that will be used in Cuyahoga County on the Nov. 4 election. The story stated: “‘I do think Cuyahoga County's new equipment is a real significant concern,’ said Dan Tokaji, a law professor at Ohio State University and associate director of Election Law @ Moritz. ‘You can always expect to have some glitches when you're using new equipment.’”



New Laws, Technology Challenge Elections Officials

September 19, 2008

Professor Dan Tokaji was quoted in a Wall Street Journal story about potential problems in the upcoming general election. The story states: “Federal law requires states to certify their election results within 35 days, though. In the event of a close outcome in Ohio -- which had 150,000 provisional ballots in 2004, and where President George W. Bush won by 130,000 votes – ‘we could have a real mess on our hands,’ says Ohio State University law professor Dan Tokaji.”



High Turnout, New Procedures May Mean an Election Day Mess

September 18, 2008

Professor Daniel Tokaji was quoted in a Washington Post story about the possible election administration problems that the country could see in the upcoming general election. "If you have small glitches multiplied by thousands of voters, that means big problems that cost eligible voters their voice," said Daniel P. Tokaji, an election law specialist at Ohio State University's Moritz College of Law. The problems could be more acute with hyphenated Hispanic names or transposed Asian surnames, he said, "leaving certain groups disproportionately affected."



Ohio secretary of state prevents vote caging

September 13, 2008

Professor Dan Tokaji was quoted in a Politico story about Ohio Secretary of State Jennifer Brunner taking steps to prevent “vote caging.” The story states: “Daniel Tokaji, an election law expert at Ohio State University, says that because certain groups such as low-income and young voters move more frequently, they are more likely to have their mail returned as undeliverable. ‘We can expect that vote caging would have a disproportionate effect on college students and any others who tend to move frequently,’ Tokaji said.



Observers fear Van Hollen’s election lawsuit will cause problems

September 12, 2008

Professor Daniel Tokaji was quoted in the Milwaukee Journal Sentinel regarding a lawsuit filed in Wisconsin against the state’s election authority. The story states: “Dan Tokaji, an associate law professor at Ohio State University's Moritz College of Law, said Van Hollen's lawsuit could cause a flurry of provisional voting. That would lead to disputes among lawyers and political parties over which provisional ballots should be counted if the presidential election is extremely close in Wisconsin, as it was in 2000 and 2004 when Democrats carried the state.”



It's near the campaign's end - send in the lawyers

September 9, 2008

Professor Dan Tokaji was quoted in an Associated Press story about potential problems in Ohio’s election system during the upcoming national election. "I'm not going to name names, but there are folks out there who want to make it more difficult for people to vote," said Dan Tokaji, a law professor at Ohio State University. As an example, he pointed to (Republican) efforts to purge Wisconsin voter registration databases of names that don't match up with other state records.



Politics sully Ohio absentee ballot plans

August 27, 2008

Professor Dan Tokaji was quoted in a Cleveland Plain-Dealer story regarding how absentee ballots were dispersed in Ohio. The story states: “'I don't have any doubt that the Republicans are gunning for that seat in 2010, in large part because of the seat on the Apportionment Board,’ said Dan Tokaji, an elections law professor at The Ohio State University. ‘It doesn't necessarily mean that all of their complaints are unjustified.’”



No chad, but questions still hang over voting

August 25, 2008

Professor Dan Tokaji was quoted in a St. Louis Post-Dispatch story about upcoming challenges in the presidential election. The story states: “The touch-screen machines came into favor after the 2002 law required states to junk their punch-card machines. That move saved an estimated 1 million votes from being lost in 2004, according to Dan Tokaji, a law professor at Ohio State University who specializes in voting issues.”



GOP crying foul over law it passed

August 15, 2008

Professor Dan Tokaji was quoted in a Columbus Dispatch story about an Ohio law that allows five days when voters can register and vote by absentee ballot simultaneously. "This is exactly what the law says and what it allows," said Daniel Tokaji, a professor at the Ohio State University Moritz College of Law. "If the Republicans are trying to close the window, they would be violating the law they wrote."



'04 election critics still unmoved by evidence

August 10, 2008

Professor Dan Tokaji was quoted in a Columbus Dispatch story about the 2004 election and how some critics still continue to argue that the election in Ohio was stolen. "It certainly does seem to have become a cottage industry," said Dan Tokaji, an Ohio State University associate law professor and elections expert.



New director will face first ballot in 3 months

July 31, 2008

Professor Dan Tokaji was quoted in a Columbus Dispatch story about a new Franklin County, Ohio, elections director. The story: 'There are lots of land mines out there, and someone who is not experienced in running local elections must very quickly educate themselves as to where those land mines are,' said Dan Tokaji, an OSU law professor.



Agencies are criticized over voter registration

July 14, 2008

Professor Daniel Tokaji was quoted in a Tampa Tribune story that says the state of Florida is failing to help low-income residents register to vote. “Congress included public assistance agencies in the mix to ensure that low-income people who do not drive are also included, said Daniel Tokaji, a law professor at the Ohio State University and expert on voting rights. ‘This is the group where we need the most work, because it is the group least likely to participate in elections,’ Tokaji said. ‘The biggest problem with our democracy is that we don't have a representative electorate; people who are elected are not representative of the citizenry as a whole.’”



Ohio Elections – Past and Future – Spawn Speculation, Special Concern

July 8, 2008

Professor Dan Tokaji was quoted in a story on ePluribus Media regarding the possible link between home foreclosures and provisional ballots used in the upcoming election. The story states: “One election expert, Daniel Tokaji, a law professor at The Ohio State University, says Ohio’s home foreclosure problem will become an issue this year because voters who are still registered at their former addresses may be subject to challenges or sent on an odyssey to multiple polling places or be forced to vote provisionally, which can occur when election records and state identification laws collide.”



Will Foreclosures Affect Voting Rolls?

July 6, 2008

Professor Daniel Tokaji was quoted in a Columbus Dispatch story that was printed in several newspapers and television station web sites around Ohio. The story was about what the rising number of foreclosures may mean for election administration officials. “’It's a real issue,’ said Daniel Tokaji, an Ohio State University law professor who specializes in elections. He wonders whether foreclosures might explain the increasing percentages of provisional votes cast between 2004 and Ohio's latest election, the presidential primary in March.”



Voting-machine company sues Cuyahoga County

June 3, 2008

Professor Daniel Tokaji was quoted in a Cleveland Plain Dealer story about a voting machine company that has sued Cuyahoga County. Cuyahoga County has previously indicated that it might sue the company for selling it voting equipment that has been discarded. "This is fairly common of someone who knows they're going to be sued," said Dan Tokaji, a law professor at Ohio State University and associate director at Election Law @ Moritz. "Rather than waiting, they go into court preemptively."



Supreme Court is rejecting broad legal challenges

April 30, 2008

Professor Dan Tokaji was quoted in a Los Angeles Times follow-up story about the U.S. Supreme Court’s ruling in the voting ID case. The story stated: “Ohio State University law professor Daniel P. Tokaji said the Indiana ruling carried ‘an important lesson for voting rights lawyers who lose in lower courts: Think long and hard before seeking Supreme Court review,’ he wrote on an election law blog. ‘It's fair to point out that plaintiffs' lawyers put together a pretty weak case.’”



Supreme Court upholds Indiana's photo ID law for voters

April 29, 2008

Professor Dan Tokaji was quoted in a Columbus Dispatch story about the U.S. Supreme Court’s ruling that upheld a law that requires voters to provide a photo ID in order to have their ballot counted. The story stated: “Prof. Daniel Tokaji of Ohio State University's Moritz College of Law noted that Ohio's law too has been challenged but for different reasons than the Indiana law. In Indiana, the law was challenged as overly burdensome on some voters, while in Ohio the challenge was based more on a ‘vagueness problem’ of having ‘different standards’ for what form of ID would suffice in different polling places and different counties, Tokaji said.”



Religious 'healing,' branding charged

April 23, 2008

Professor Daniel Tokaji was quoted in The Columbus Dispatch in a story regarding a religious dispute involving a Mount Vernon school teacher. The story states: “A public-school employee shouldn't have a Bible out on a desk in a classroom because that's incorporating religion, albeit indirectly, into the school, said Ohio State University law professor Daniel Tokaji. ‘When he's in the classroom, he certainly has responsibilities … one of which is religious neutrality,’ Takaji said.



Did Limbaugh's Crossover Voters Break Ohio Law?

March 12, 2008

Professor Dan Tokaji was quoted in a Wired story about possible crossover votes in the recent presidential primary election in Ohio. Tokaji said: “If after doing this the person gets online and says 'Ha, ha ha. I tricked them and signed this statement,' maybe then we could imagine someone being prosecuted.”



Some are told to wait - or come back later

March 5, 2008

Professor Daniel Tokaji was quoted in The Cincinnati Enquirer regarding some polling places running out of ballots during the presidential primary election in Ohio. The story states: “Turning voters away would be illegal, said Dan Tokaji, associate professor of law at the Ohio State University's Michael E. Moritz College of Law. Running out of ballots damages people's faith in the election process, he said, particularly if people are turned away. ‘This is most unfortunate,’ he said. ‘This is one of the disadvantages of paper ballots. If you don't have enough on hand, you're in trouble. It's a serious issue. I can understand why it happens, but it doesn't excuse it.’”



Voting Changes May Snarl

February 22, 2008

Professor Daniel Tokaji was quoted in a Wall Street Journal story about possible problems in tallying votes cast in the upcoming March 4 primary. Two months ago, under orders from Ohio's secretary of state, Cuyahoga County removed its touch-screen voting machines and replaced them with paper ballots. "We can safely predict there will be some problems" with the county's new voting system, says Ohio State University law professor Daniel Tokaji. "How catastrophic it is depends on how close the election ends up being."



ID laws spur voting legal battle

January 24, 2008

Professor Daniel P. Tokaji was quoted in an Associated Press story that was published widely across the nation, in media like the USA Today, Fox News, Forbes, and the Akron Beacon Journal. "Voter ID laws ostensibly deal with voter impersonation," said Daniel P. Tokaji, a law professor at Ohio State University who last year helped prepare a report on the subject for the U.S. Election Assistance Commission. "But that effectively never happens. If you're gonna cheat, the easiest way is to do so through mail-in ballots. You'd have to be a fool to go to the polls and pretend to be someone else. What would you gain?"



Election chief finds surprises in first year

January 22, 2008

Professor Dan Tokaji was quoted in an Associated Press story about Ohio Secretary of State Jennifer Brunner’s first year on the job. The story was published in several newspapers throughout the state. "She's gotten off to a rocky start in terms of voting rights and working with voting officials," Tokaji said. "I hope she learns from her mistakes rather than dig her heels in."



How we'll cast ballots to change

January 13, 2008

Professor Daniel Tokaji was quoted in a Cincinnati Enquirer story regarding possible changes in Ohio’s election systems. "People say, 'That seems like a good idea, let's do it.' And there are a lot of unintended consequences," says Daniel P. Tokaji, an expert on election law at the Ohio State University's Moritz College of Law.



Voter ID Laws Are Set to Face a Crucial Test

January 7, 2008

Professor Daniel P. Tokaji was quoted in The New York Times and International Herald Tribune in a story previewing the Supreme Court’s upcoming arguments regarding voter identification requirements in voting. “The incident is at the heart of the highly anticipated case, which challenges the constitutionality of the Indiana law and, according to Daniel P. Tokaji, a professor of law at Ohio State University, is ‘the most important case involving the mechanics of election administration in decades.’”



Appeals court allows 2004 lawsuit against Ohio voting system

January 1, 2008

Professor Daniel Tokaji was quoted in a Mansfield News Journal story about a lawsuit that challenges Ohio’s voting system. The story states: “‘One could imagine a decision that came out on the eve of the election having a somewhat disruptive effect,’ he said. ‘It would have been too late to implement any of the changes suggested and could serve to unsettle public confidence.’”



Voting changes ahead? State official favors optical scan over touch-screen system

December 30, 2007

Professor Dan Tokaji was quoted in the Canton Repository in a story about Secretary of State Jennifer Brunner’s plan to switch to central count optical scan ballots. The story states: “Daniel Tokaji, an Ohio State University law professor and expert on the state’s elections law, is critical of EVEREST in his blog: ‘In the end, the EVEREST report doesn’t make a convincing case for Ohio’s scrapping its existing technology — particularly for 2008, a timetable that would wreak havoc on local election officials and, ultimately, inure to the detriment of voters ... there’s a wide gulf between EVEREST’s findings, which warrant careful attention, and its recommendations, which aren’t supported by the evidence and have a seat-of-the-pants feel to them.’”



Cuyahoga County's return to paper ballots still a mystery to some

December 26, 2007

Professor Dan Tokaji was mentioned in a Cleveland Plain Dealer story regarding Ohio Secretary of State’s call to get rid of the state’s electronic voting machines. “Touch-screen machines alert voters before they cast their ballots. The alert is a crucial safeguard to ensure ballots cast by minority and low-income voters are counted, said Dan Tokaji, a law professor at Ohio State University and associate director at Election Law @ Moritz, which focuses on election law issues.”



Cuyahoga County elections board takes no action on voting machine swap

December 18, 2007

Professor Dan Tokaji was quoted in the Cleveland Plain Dealer regarding Secretary of State Jennifer Brunner’s plea to Cuyahoga County officials to dump its current election machines. The story states: " ‘This county and others would do better to focus on people and procedures, rather than attempting a risky and expensive overhaul,’ said Daniel Tokaji in a statement submitted to the board. Tokaji is an Ohio State University law professor and associate director of Election Law @ Moritz, a nonpartisan project that focuses on election issues.”



Ohio County Mulls Over Voting Systems

December 17, 2007

Professor Dan Tokaji was quoted in an Associated Press story published by several media outlets across the country, including CNNMoney.com. The story details Cuyahoga County reaction to Ohio Secretary of State Jennifer Brunner’s call to change voting systems. The story states: “The county should make its electronic touch-screen voting system work rather than changing to a new system, warned Daniel Tokaji, associate director of the election law program at Ohio State's Moritz College of Law. ‘To make changes in voting technology at this point is really a roll of the dice in a way that I would not recommend,’ Tokaji said.”



Report: Ohio electronic voting machines vulnerable

December 14, 2007

Professor Dan Tokaji was mentioned in an Associated Press story that was published in several Ohio newspapers. The story was in response to Ohio Secretary of State Jennifer Brunner’s report concerning the vulnerabilities of the state’s election machines. The story states: “Dan Tokaji, an associate professor at Ohio State University's Moritz College of Law, said he was concerned about some of Brunner's recommendations. He said Brunner's idea of voting centers will put undue burden on minority and low-income voters to get transportation to a location farther from their home _ reintroducing the legal question of whether the state's election systems is fair to everyone.”



Report: Ohio electronic voting machines vulnerable

December 14, 2007

Professor Dan Tokaji was mentioned in an Associated Press story that was published in several Ohio newspapers. The story was in response to Ohio Secretary of State Jennifer Brunner’s report concerning the vulnerabilities of the state’s election machines. The story states: “Dan Tokaji, an associate professor at Ohio State University's Moritz College of Law, said he was concerned about some of Brunner's recommendations. He said Brunner's idea of voting centers will put undue burden on minority and low-income voters to get transportation to a location farther from their home _ reintroducing the legal question of whether the state's election systems is fair to everyone.”



Some Voters to Best Earliest Primaries

October 11, 2007

Professor Dan Tokaji was quoted in an Associated Press story that was printed in more than a hundred newspapers across the country. The story was about how, because of new early voting laws in some states, residents were casting votes in the presidential primary elections before Iowa and New Hampshire, which normally lead off the primaries. "It's a distinct possibility that people could be casting ballots for candidates who are out of the race by the time their vote is counted," said Dan Tokaji, an elections law expert from the Moritz College of Law at Ohio State University.



A new poll tax?

September 28, 2007

Professor Daniel Tokaji had an Opinion Editorial printed in The Los Angeles Times. The editorial involved the Supreme Court’s decision to hear a case that challenges an Indiana law that requires voters to present government-issued photo identification. Tokaji says: “A decision upholding Indiana's ID law on this rationale would have major implications for the 2008 election. It would give self-interested politicians the green light to impose burdensome restrictions on those voters likely to favor the other party's candidates. Instead, the Supreme Court should faithfully adhere to its poll tax precedent and nip discriminatory ID laws in the bud.”



PERSPECTIVE: Experts say early vote will take pressure off polls

September 17, 2007

Professor Dan Tokaji was quoted in the Akron Beacon Journal, the Cincinnati Post and other papers in a story regarding the 2008 election. Ohio’s secretary of state is encouraging voters to submit absentee votes to avoid long lines on Election Day, the story says. Daniel Tokaji, a law professor at Ohio State University who specializes in election law, applauds Brunner for encouraging early absentee voting at elections boards. "I couldn't agree with her more," he said. "That, to my mind, was one of the most important reforms we can look to in 2008."



State voting systems under scrutiny

August 12, 2007

Professor Dan Tokaji was quoted extensively in a Galveston County, Texas, Daily News story regarding potential problems in the voting system in the 2008 presidential election. “Dan Tokaji, an Ohio State University law professor and expert on the Help America Vote Act, said voter registration is high on his list of worries for 2008. … ‘While I think it would be nice if every vote did count,’ Tokaji said, ‘the reality is that every election has mistakes.’



Are Voter Registration Drives Being Put Out of Business?

July 25, 2007

Professor Dan Tokaji was quoted in an AlterNet.org story regarding the consequences of new laws that may hinder the number voter registration drives in several states. Laws included tough rules for groups gathering voter registrations and stiff penalties if those rules weren’t followed. “I think it is a real serious concern,” said Dan Tokaji, assistant professor of law at Ohio State University and an election law expert. “There are constitutional rights, free speech rights and petition rights at issue. What has a lot of voting rights activists concerned is states with GOP-dominated legislatures are going to put a lot of voter registration groups out of business.”



Voter-Fraud Complaints by GOP Drove Dismissals

May 14, 2007

Professor Dan Tokaji was quoted in the Washington Post and San Francisco Chronicle regarding the possible role election fraud prosecutions played in the firing of several United States Attorneys.



Efforts on voting machines intensify

February 20, 2007

Professor Daniel P. Tokaji is quoted in this Boston Globe story on efforts that are intensifying in Congress to pass legislation that would require electronic touch-screen voting machines used in federal elections to provide paper trails that could be checked in the case of a recount. Tokaji said the bill's focus on paper trails reflects a desire for a simple fix. "It could well create more problems in terms of both creating post-election litigation and creating administrative problems in counting these paper strips," Tokaji said. "We know they can be compromised, torn, crumpled," and have printing problems, he said.



Officials manipulate elections with polling location

February 14, 2007

In this Associated Press story from the Dallas Morning News on officials manipulating polling locations to clear the path for their supporters to vote and to toss numerous roadblocks before their opponents in two recent Houston-area elections, Professor Daniel P. Tokaji is quoted. "These are things that can often fly beneath the radar," said Tokaji. "Unless somebody notices it and makes a big stink through the ordinary political process, you're not going to hear a lot about that. And it's very easy for these sorts of decisions to slip through without detection."



Quest for voting certainty leads back to paper

February 4, 2007

In this article from The Palm Beach Post on Florida's efforts to ban paperless voting and use optical scan ballots, professor Daniel P. Tokaji said optical scan ballots are fine, but he cautioned that "paper systems invariably produce some ambiguously marked ballots."



Strickland landslide changes faces at polls

January 21, 2007

Professor Daniel P. Tokaji is quoted in this Columbus Dispatch article on Democrats taking over a majority of precincts and presiding over elections in more than 90 percent of suburban Columbus precincts due to Ted Strickland's victory. Officials understate the impact of precinct-level elections officials, said Tokaji. Although both parties have representatives at the polls, presiding judges have the final say when poll workers disagree on how to enforce the rules. Last-minute directives and court orders before Ohio's 2004 and 2006 elections left many of those rules open to interpretation, Tokaji said. "We've got all these really complex laws, and a lot of discretion is left with poll workers. A precinct is where the rule hits the pavement," he said.



Appeals court upholds law requiring a photo ID to vote

January 5, 2007

Professor Daniel P. Tokaji is quoted in this article from the Los Angeles Times that addresses the sharply divided federal appeals court in Chicago upholding an Indiana law Thursday that requires individuals to produce a government-issued photo identification card to vote. In light of Thursday's ruling, Tokaji said, lawyers filing cases of this kind in the future "would do well to have a large number of plaintiffs who have been obstructed from voting as a result of the law."



Recount confirms Republican won Ohio congressional district

December 12, 2006

In this Salem News (Ohio) article, Professor Daniel Tokaji said citizens should be cautious in calling this a victory for the Voter Verified Paper Audit Trail, or VVPAT. "The evidence we have suggests that voters very seldom check the paper record, especially in down-ballot races," Tokaji said. "If voters don't check the paper record, and let's suppose there were some sort of software error, the paper record could just be replicating that error." This story also appeared in the Cincinnati Enquirer.



Congress Plans to Address Electronic Voting

December 1, 2006

On NPR's All Things Considered show on the topic of electronic voting, Professor Daniel P. Tokaji said "the most important thing for Congress is to take a deep breath. Passing paper trails at this stage, based on what we know right now is really fool's gold. It may provide an initial sense of confidence. But that confidence won't be long-lasting unless we resolve some deeper issues." Issues such as adequate poll worker training and better voter access.



Vote finally will be final on Nov. 27

November 17, 2006

In this Columbus Dispatch article on the Ohio's still-undecided congressional race and three other close contests, Professor Daniel P. Tokaji said meeting the new deadlines will depend on how many provisional ballots are disputed by observers. The winners are to be announced November 27, one day before the deadline.



Experts: 15% undervote in 2000 isn't comparable

November 15, 2006

In this Herald-Tribune (Sarasota, Fla.) story on the 13th Congressional District race and the number of undervotes in Sarasota County, Professor Daniel P. Tokaji said "I think it's dicey to compare this year to past years."



How did we end up here again?

November 12, 2006

In this Herald-Tribune (Sarasota, Fla.) story on the Florida elections and recounts, Professor Dan Tokaji said faith in paper ballots is misplaced. He argues that voting systems as a whole, and touch-screens in particular, are a quantum leap ahead of punch-card systems. "We've made a lot of progress on technology," said Tokaji. "We are better off in 2006 than in 2004 and were better in 2004 than in 2000."



Delays loom in counting ballots

November 2, 2006

Professor Daniel P. Tokaji is quoted in this USA Today story on the possibility that election results could be delayed for days or weeks. "With so much attention focused on pre-election barriers, we've almost forgotten about things that could cause problems on and after Election Day," said Tokaji. "Provisional ballots are at the top of that list."



Close races to magnify problems at the polls

November 2, 2006

In this Newsday article, Professor Daniel P. Tokaji said, "I don't want to paint a doomsday scenario," but he notes that paper records to be used for Ohio recounts are prone to crumpling and misprints in new voting machines. "We don't know how easy it's going to be to recount these races," he said.



More states ask voters to show ID

October 31, 2006

Professor Daniel P. Tokaji is quoted in this Chicago Tribune article on more states asking voters for ID. Election law experts say there is little evidence of significant U.S. vote fraud in person and that absentee balloting presents more opportunity for cheating. "To the extent there is evidence of fraud, it's in absentee voting," said Tokaji.



New Voting Systems Face Midterm Exam

October 26, 2006

In this Wall Street Journal story on new voting technology that will be used in the upcoming election, professor Daniel P. Tokaji is quoted. In a disputed election it could be days or weeks before a winner is declared. "That's not going to enhance voter confidence; it will diminish it," says Tokaji.



State Judge Voids Georgia Law Requiring a Photo ID of Voters

September 20, 2006

Professor Daniel P. Tokaji is quoted in this New York Times article on a state judge ruling that a Georgia law requiring voters to present government-issued photo identification violates the State Constitution and could not be enforced. "This is really a vote-suppression measure," said Tokaji. "There's very little evidence for the proposition that people are going to the polling place and pretending to be someone else."



Missouri, other states grapple with new voting requirements

September 16, 2006

Professor Daniel P. Tokaji is quoted in this St. Louis Post-Dispatch story on legal battles over voter identification laws. According to Tokaji, the voter ID requirements, along with the new registration rules "could have a potentially enormous impact on elections and could unquestionably swing the results of elections one way or the other.".



Voter ID rules face challenges

September 12, 2006

In this UPI article on recent legal battles over voter identification laws, Professor Daniel P. Tokaji is quoted. "With voter ID and registration, this is where the current battles over election practices are now being fought," said Tokaji.



Voting machines pass review

August 23, 2006

In this Columbus Dispatch story, Cuyahoga County election officials and Diebold said they have resolved vote discrepancies identified in an independent study by Election Science Institute of the company's electronic touch-screen machines — thus proving that the system is accurate. Professor Daniel P. Tokaji noted that nearly 10 percent of the paper receipts that the institute studied were blank or otherwise unreadable, and that's a problem because Ohio law requires that the paper receipts from touch screens be used in any recount.



Voting machines risky, study concludes

August 16, 2006

Professor Daniel Tokaji's comments are included in this Columbus Dispatch story on a new study by Election Science Institute (ESI) which raises serious questions about whether Diebold touch-screen voting devices used in more than half of Ohio's counties produce accurate results. Tokaji noted the findings of numerous blank, smudged or missing paper receipts and said the discrepancies don't necessarily mean the electronic votes are wrong. The state passed a law in 2004 mandating use of the paper receipts to verify electronic votes, but Tokaji said that law needs to be re-examined, the machines upgraded, or both before the November election.



Has Bush v. Gore Become the Case That Must Not Be Named?

August 15, 2006

In a New York Times editorial by Adam Cohen maintaining that Bush v. Gore should become "a force for good," Professor Daniel Tokaji's brief from a pending Sixth Circuit case is cited directly. The case involves an equal protection challenge by Ohio voters to a disparity in voting machines; it has been taken up en banc after a Sixth Circuit panel had agreed with Tokaji's position that the Ohio election system was unconstitutional.



Ney's Formal Withdrawal Sets Clearer Stage For House Race

August 15, 2006

In this Associated Press story, Professor Daniel Tokaji agreed with Ohio Republican Attorney General Jim Petro's analysis that the sore loser law does not apply to someone in Joy Padgett's situation. "I certainly think she has the better of the arguments and I would be surprised if the Democrats can knock her out," Tokaji said.



Padgett prepares to move ahead

August 11, 2006

In this Times Reporter (New Philadelphia, Ohio) article on Joy Padgett's eligibility to run in place of Bob Ney, Professor Daniel Tokaji's Equal Vote blog is cited. In the blog, he says he's "arrived at the tentative conclusion Ohio law wouldn't prohibit Padgett from seeking Ney's seat" whether by special election or appointment. "It's pretty clear that the 'sore loser' statute wouldn't apply," he wrote. "Sen. Padgett may have been a primary election loser, but she isn't a sore loser."



After Ney exit, Padgett faces ballot hurdles

August 9, 2006

Professor Daniel Tokaji agreed that it would depend on how the statute is interpreted on whether Joy Padgett, Rep. Bob Ney's hand-picked successor, is eligible to run for his seat in the fall in this story that appeared in The Hill.



Confusion Looms As Factor That Could Bedevil November 7 Election

July 31, 2006

In this Ergonomics Today article, Professor Daniel Tokaji's quote from an article in The Philadelphia Enquirer about Ohio's new law requiring identification for voters at the polls is printed. "It will probably result in some people's votes not being counted," Tokaji said.



Ohio's Coming Electoral Meltdown

July 21, 2006

Professor Daniel Tokaji is quoted in this article from The Nation and appeared on AlterNet.com about Ohio and voting machines. "If the federal government thinks it can give onetime-only grants, it is wrong," said Tokaji. "There needs to be ongoing federal attention."



Counties not upset this time by Blackwell's election order

May 5, 2006

An Associated Press story (printed in the Contra Costa Times) reported election officials were not upset at an election night order from Ohio Secretary of State Ken Blackwell's office to delay reporting of statewide results while one precinct out of 11,300 stayed open late. Professor Daniel Tokaji said that election results could have been transmitted without being revealed.



Blackwell defined by '04 vote, supporters and opponents say

April 23, 2006

In a Toledo Blade story that speculates the type of governor that Ohio Secretary of State Kenneth Blackwell would be, Professor Daniel Tokaji said that criticism of Mr. Blackwell's decisions in the 2004 presidential election were on target.



Judges reject voting systems; Punch cards unconstitutional, federal appeals panel rules

April 22, 2006

The Columbus Dispatch reports that a 2-1 ruling by a panel of the 6th U.S. Circuit Court of Appeals said Ohio voters using punch cards and certain optical scan systems have a higher risk of their votes not being counted than those using more reliabile devices. Professor Daniel Tokaji helped argue the case, which was brought by the American Civil Liberties Union in 2002. Also reported in the Akron Beacon Journal (Punch-card voting is illegal, April 22) and the Associated Press, via Ohio News Nework (Appellate court rules punch-cards violated voters' rights, April 21)



Election law opponents may try to get voters to repeal measure: Some provisions take effect with Ohio's May 2 primary

February 2, 2006

In a Toledo Blade story about Ohio's controversial new elections law, Professor Daniel Tokaji said that a number of provisions of the law could be subject to court challenge.



As election season nears, efforts to upgrade voting machines bog down

January 19, 2006

In a Christian Science Monitor story about efforts to upgrade voting machines to comply with the Help America Vote Act of 2002 (HAVA), Professor Daniel Tokaji said that states and counties have had ample time to comply with HAVA laws but are being hindered by "voter verified paper trail " requirements.



Voting method of choice: pencils

January 14, 2005

In a story in the Canton (Ohio) Repository about Ohio Secretary of State J. Kenneth Blackwell's decision to use optical-scan voting machines in the state, Professor Daniel Tokaji said that optical scan still is better than punch cards.



Voting Problems in Ohio Spur Call for Overhaul

December 24, 2004

In a New York Times article about voting problems in Ohio, Professor Edward B. (Ned) Foley, said there were more problems than usual in Ohio, but not enough to cast doubt on the results. Professor Daniel Tokaji also said it was unlikely the problems made a difference in the outcome.



Punch cards ruled legal

December 15, 2004

In a Columbus Dispatch story about the ruling of a federal judge that said punch-card voting systems in Ohio did not violate the rights of voters, Professor Daniel Tokaji said that he expects the ruling to be appealed.



Kerry gave up too soon, Jesse Jackson says

December 14, 2004

In an Akron Beacon Journal story about a 41-page petition before the Ohio Supreme Court, Professor Daniel Tokaji said the Jackson-led election challenge raised concerns but did not offer proof that Kerry actually won the state.



In Making His Decision on Ohio, Kerry Did the Math

November 4, 2004

An article in discussed the mathematics behind Kerry's concession of the 2004 presidential election. Professor Daniel Tokaji speculated that even if there were 250,000 provisional votes from Ohio voters, it would not be enough to bridge the gap between the candidates. Professor Edward B. (Ned) Foley noted that the Help America Vote Act would allow more provisional votes to be accepted by election officials and ultimately counted.



Lawsuits Focus on Provisional Balloting

November 3, 2004

A story in the Columbus Dispatch discussed lawsuits that were filed to challenge election procedures including how provisional ballots will be counted. Professor Daniel Tokaji said, "Ohio has a responsibility to treat all voters equally." (registration required)



Bush Tops in Votes, But Kerry Has Hope

November 3, 2004

An article in the Columbus Dispatch noted that the presidential race could hinge on Ohio's provisional ballots. Professor Daniel Tokaji said that provisional ballots are the "hanging chad" of the 2004 presidential election. (registration required)



The Election Won't be Over in Ohio for Weeks

November 3, 2004

A story that appeared in USA Today speculated that vote counting will continue in Ohio for weeks even after Kerry's concession. Professor Daniel Tokaji noted how difficult it would be for Kerry to win in Ohio based on the number of provisional ballots.



This Time, Ohio Takes On Role of Florida

November 3, 2004

The Los Angeles Times discussed the similarities between the Florida controversy over "hanging chads" in the 2000 presidential election and the present day controversy over uncounted provisional ballots in Ohio. Professor Daniel Tokaji noted that there are very few standards for assessing the validity of a provisional ballot.



Showdown in Ohio

November 3, 2004

A story in U.S. News and World Report discussed the potential for a legal "showdown" in Ohio concerning the presidential election. Professor Steven Huefner discussed the process for counting provisional ballots cast and Professor Daniel Tokaji noted that if the number of provisional ballots is large enough to determine the election, then disputes could arise over which ones should be counted.



Legal Wrangling Begins Before Election Wraps Up

November 2, 2004

The Baltimore Sun discussed legal challenges concerning the 2004 presidential election that threaten to last for weeks. Professor Dan Tokaji noted that challengers didn't show up in some precincts and there were only scattered reports of challengers raising objections to individual voters.



Changes in Voting Technology Raise Concerns About Presidential Election

November 1, 2004

On LawCrossing, Professor Daniel Tokaji predicts a lot of lost votes in this election, due to punch card voting, registration glitches, provisional voting problems, and the ID requirement.



Professor: Ohio must have 4-point victory margin to declare winner on election night

November 1, 2004

A story by the Associated Press noted that Professor Daniel Tokaji expects a recount if the victory margin is less than one percentage point. This story appeared, among other publications, in The Miami Herald and can be viewed on News Channel 5 Cleveland/Akron's website.



Provisional Ballots: The Chads of 2004?

November 1, 2004

An article in The Plain Dealer discussed the effect provisional ballots could have on the 2004 presidential election. Professor Daniel Tokaji noted that provisional ballots appear to be the "hanging chad" of the 2004 presidential election.



8 Votes Apart

October 31, 2004

In a Columbus Dispatch story about the closeness of the presidential election, Professor Daniel Tokaji said that it essentially would be malpractice if the party lawyers weren't ready for lawsuits after the bitter fight in 2000.



Ballots Go Uncounted in Summit

October 31, 2004

An article that appeared in The Akron Beacon Journal noted that one in seven votes went uncounted near Akron's west side in the 2000 presidential election. Professor Daniel Tokaji noted that there was a substantial disparity along racial and economic lines.



It Could All Be Decided Here

October 31, 2004

The Columbus Dispatch discussed the "showdown" in Ohio for the 2004 presidential race. In anticipation of a possible legal battle, Professor Daniel Tokaji said that he would be surprised if the parties did not already have litigation papers ready to be filed. (registration required)



Dispute Over New Voters Rage On

October 29, 2004

In a Columbus Dispatch story about what will happen to individuals who are challenged at the polls, Professor Daniel Tokaji said that throwing the ballots into the provisional-voting pile is like throwing them into a black hole.



Behind the looming ballot clash

October 27, 2004

In the Christian Science Monitor, Professor Daniel Tokaji said that There are going to be all sorts of questions having to do with provisional voting if the election is close.



Balloting process will be fair, Taft says

October 22, 2004

Professor Daniel Tokaji was quoted in a Columbus Dispatch story about the October 21 panel discussion at the Moritz College of Law. Professor Tokaji called challengers at the polls a "sleeper issue."



Fed ruling deepens backup ballot divide

October 20, 2004

Professor Dan Tokaji was quoted in the New York Times about a federal judge's ruling in a dispute over how to count provisional ballots, a new voting requirement that could become the hanging chad of 2004.



Expert backs Blackwell on ballots: Law allows states to decide how to handle lost voters, elections adviser argues

October 13, 2004

In a Columbus Dispatch story noting that the chairman of the U.S. Election Assistance Commission supports Ohio Secretary of State J. Kenneth Blackwell's position on provisional ballots, Professor Daniel Tokaji said that there’s a real possibility what’s going on here in Ohio could have nationwide implications.



Heading into primary, Florida under microscope again

August 31, 2004

Dan Tokaji was quoted in USA Today about the touch screen voting systems in Florida. "I do think that it is the best available system when you consider all the facts, including voting rights issues," he said.



Brevard resident may have voted twice in 2000

August 24, 2004

In a Florida Today story about double voting, Professor Daniel Tokaji said that voter registration is handled by individual states, and there is little practical coordination among them.



Punch-card ballots raise new worries

August 14, 2004

In a Cincinnati Enquirer story about punch-card ballots, Professor Daniel Tokaji said that there has been a lot of concern raised about voting equipment in Florida and Ohio.



Punch card voting lingers

August 10, 2004

Chip Reid, reporter for NBC Nightly News, talked with Moritz Law Professor Daniel Tokaji regarding punch card voting.



Punch-card ballot trial halted for 3 months

July 29, 2004

In the Akron Beacon Journal, Professor Dan Tokaji questioned a report that supports the use of punch cards in voting.



Voting machine faults ignored

July 21, 2004

Interviewed by the St. Petersburg Times, Professor Dan Tokaji said that a small but significant voters in every election intentionally undervote.



E-voting: nightmare or nirvana

June 30, 2004

Professor Dan Tokaji participated in a debate over electronic voting on c/net news.com.



As e-voting grows, calls for paper trail delay cards' demise

June 21, 2004

In a Boston Globe story about the call for a paper trail in the use of electronic voting technology, Professor Dan Tokaji said that well meaning activists holding out for a paper replica of their ballots have extended the use of flawed punch-card balloting.



The Controversy over Electronic Voting

May 1, 2004

On Open Line with Fred Anderle (NPR-820, WOSU AM), Professor Dan Tokaji participated in a discussion of the controversy over electronic voting.