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: Issue 1:
Does SB 14 violate Section 2 of the Voting Rights Act, 42 U.S.C. 1973, by denying the right to vote on account of race and language minority?
Does SB 14 violate the Fourteenth Amendment of the U.S. Constitution by purposely denying minority voters equal protection for registration and voting?
Does SB 14 violate the Fifteenth Amendment of the U.S. Constitution by prupsely denying minority voters the right to vote?
Does SB 14 severly burden or facially discriminate a class of voters without a legitimate governmental interest and violate the Fourteenth Amendment of the U.S. Constitution?
Does SB 14 restrict freedom of speech and association in violation of the First Amendment of the U.S. Constitution?
Does SB 14 create a poll tax in violation of the Fourteenth and Twenty-First Amendments of the U.S. Constitution?