UPDATE: Sixth Circuit denies motion for stay pending appeal.
Election Law @ Moritz has assembled a set of resources concerning the topic of elections going into overtime.
Edward B. Foley
Today’s federal district court ruling in the Ohio early voting lawsuit will set a major precedent of nationwide significance if its novel legal theory is sustained on appeal.
The latest election law news from across the country...last updated September 12 (11:41 AM).
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: 1. To challenge a speech-suppressive law, must a party whose speech is arguably proscribed prove that authorities would certainly and successfully prosecute or should the court presume that a credible threat of prosecution exists absent desuetude or a firm commitment by prosecutors not to enforce the law?
2. Whether state laws proscribing “false” political speech are subject to pre-enforcement First Amendment review so long as the speaker maintains that the speech is true, even if others who enforce the law manifestly disagree.