Election Law @ Moritz has assembled a set of resources concerning the topic of elections going into overtime.
Daniel P. Tokaji
By "Kobach," I mean the Kobach v. EAC case in which the Tenth Circuit heard oral argument Monday – rather than its lead plaintiff, Kansas’ controversial Secretary of State Kris Kobach, who argued the position of his state and the State of Arizona. This post discusses what’s at issue in the case, where the district court went wrong, and what the Tenth Circuit should do.
The latest election law news from across the country...last updated August 28 (1:27 PM).
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.
Issue: Whether Wisconsin voter ID legislation is unconstitutional as applied to certain classes of eligible Wisconsin voters; more specifically, whether the legislation unduly burdens the fundamental right to vote under the Equal Protection Clause, violates the Twenty-Fourth and Fourteenth Amendments as an unconstitutional poll tax, and violates the Equal Proection Clause in arbitrarily refusing to accept certain identification documents.