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Election Law @ Moritz


Latest Information & Analysis   

Tokaji Testimony for Senate DISCLOSE Hearing

Jul. 23 (10:00 AM) - Professor Tokaji has submitted the following writing testimony for today's hearing before the U.S. Senate Rules and Administration Committee on the proposed DISCLOSE Act.

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Tokaji and Strause release The New Soft Money: Outside Spending in Congressional Elections

Jun. 17 (5:16 PM) - Dan Tokaji and Renata Strause will release their report on independent spending, entitled The New Soft Money: Outside Spending in Congressional Elections on Wednesday, June 18.  The report includes interviews with former Members of Congress, such as Senators George Allen, Kent Conrad, and Ben Nelson, and Representatives Mark Critz, Tim Holden, Steve LaTourette, and Joe Walsh, as well as recent congressional candidates, campaign staff, political operatives, legislative staff, and representatives of outside groups. See here for details.

U.S. Supreme Court Reverses Sixth Circuit in Case Involving False Campaign Speech

Jun. 16 (11:48 AM) - The U.S. Supreme Court reversed a decision of the Sixth Circuit Court of Appeals, which had determined that a conservative political group did not have standing to sue over an Ohio law that criminalizes certain false statements made during election campaigns. The case is Susan B. Anthony List v. Driehaus.

Judge Strikes Down Ohio Early Voting Law

Jun. 11 (4:04 PM) - Today, U.S. District Judge Peter Economus struck down an Ohio law that requires early, in-person voting to end on the Friday before Election Day for those not voting as overseas or military voters. The Judge's opinion and order restores early voting for the three days immediately preceding Election Day. According to Judge Economus, the law violates Equal Protection by treating overseas and military voters differently than other voters. The case is Obama for America v. Husted.

Judge Upholds Ohio's Method of Electing Judicial Candidates

Jun. 11 (2:50 PM) - U.S. District Judge Susan Dlott issued an order granting the summary judgment motion of Ohio's attorney general, upholding Ohio's system for electing judicial candidates. Ohio judicial candidates run in partisan primaries but their names are listed in the nonpartisan section of the general election ballot. See additional coverage from the Columbus Dispatch.

NAACP and Others File Lawsuit Against Husted Over Early Voting in Ohio

May. 1 (3:11 PM) - The Ohio State Conference of the NAACP, the League of Women Voters of Ohio, and others filed a complaint in federal court today against Ohio Secretary of State Jon Husted. The plaintiffs allege that Ohio's reduction in early voting days and elimination of same-day registration violate the Equal Protection Clause and Section 2 of the Voting Rights Act. The case is NAACP v. Husted.

Sixth Circuit Affirms District Court's Ruling Against Ohio Libertarian Party

May. 1 (1:41 PM) - A three-judge panel of the Sixth Circuit Court of Appeals issued an opinion and order affirming the lower court's denial of the Ohio Libertarian Party's motion for preliminary injunction. The Ohio Libertarian Party had sought a preliminary injunction to prevent the removal of its candidates for governor and attorney general from the ballot. The case is Libertarian Party of Ohio  v. Husted.

UPDATE: U.S. Supreme Court denies Libertarian Party's request for a stay.

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Recount Resources

Election Law @ Moritz has assembled a set of resources concerning the topic of elections going into overtime.

Swing State Focus

Media Hotline: (614) 292-0283

Commentary

Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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EL@M in the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

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.

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Current Litigation

McCutcheon v. FEC

State: Washington, D.C.
Issue: Whether the aggregate federal donation limits for each election cycle violate the 1st amendment.

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