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Election Law @ Moritz

Election Law @ Moritz

Latest Information & Analysis   

Seventh Circuit Order Permits Wisconsin's Voter ID Law to Take Effect

Sep. 12 (5:53 PM) - Today, the U.S. Court of Appeals for the Seventh Circuit granted a stay in two cases, allowing Wisconsin's voter ID law to become effective for the upcoming November elections. The cases are Frank v. Walker and LULAC v. Deininger.

Sixth Circuit grants motion for expedited review of Ohio early voting case

Sep. 12 (12:12 PM) - In an order filed yesterday, the Sixth Circuit Court of Appeals granted a motion for expedited review in NAACP v. Husted. The court also issued a briefing schedule.

UPDATE: Sixth Circuit denies motion for stay pending appeal.

U.S. District Judge Strikes Down Ohio Political False-Statements Law

Sep. 11 (6:17 PM) - Today, U.S. District Judge Timothy Black permanently enjoined Ohio from enforcing its political false-statements law. The case, Susan B. Anthony List v. Driehaus, had been remanded by the U.S. Supreme Court earlier this year.

Judge Rules in Favor of NAACP in Ohio Early Voting Case

Sep. 4 (12:00 PM) - In an opinion and order issued today, U.S. District Judge Peter Economus granted a motion for preliminary relief filed by the Ohio State Conference of the NAACP and other plaintiffs, blocking Ohio legislation that reduced early voting hours. Judge Economus determined that the legislation violates Equal Protection and section two of the Voting Rights Act. The case is NAACP v. Husted.

Judge Denies Motion for Preliminary Injunction in NC Case

Aug. 8 (3:35 PM) - U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

Wisconsin Supreme Court Upholds Voter ID Law

Jul. 31 (4:57 PM) - In two opinions issued today, the Wisconsin Supreme Court upheld the state's voter ID law against challenges that the law violated the Wisconsin Constitution. The court issued an opinion in League of Women Voters of Wisconsin v. Walker and also an opinion in Milwaukee Branch of the NAACP v. Walker.

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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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

News Wire

The latest election law news from across the country...last updated September 12 (11:41 AM).

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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

Susan B. Anthony List v. Driehaus

State: Ohio
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.

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