Dan Tokaji's Blog
Professor Dan Tokaji
Election reform, the Voting Rights Act, the Help America Vote Act, and related topics -- with special attention to the voting rights of people of color, non-English proficient citizens, and people with disabilities

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Equal Vote
Tuesday, November 4
Hearing in the Ohio Litigation
Following up this post from earlier today on the Election Day maneuvering that could become post-election litigation in Ohio, there's a hearing taking place this evening Judge Marbley in the NEOCH v. Brunner case Pending before him is a motion to consolidate Ohio Republican Party v. Brunner (pending before Judge Smith and amended today) with NEOCH. I'm informed that Judge Marbley has decided to grant the Ohio Democratic Party's motion to intervene and is considering whether to consolidate the two cases, both of which partly concern the state's handling of provisional ballots. I'd expect that, at the very least, Judge Marbley will take control of the ORP's challenge to Directive 2008-101, which was issued to resolve some of the issues in NEOCH. What's less clear is whether the other issues raised in the ORP's amended complaint today can neatly be severed from the ones that are already before Judge Marbley. More to come, no doubt, both here and on our front page.

Update: Judge Marbley has granted the motion to consolidate the two cases, with a written opinion expected to follow. This won't make a difference in the presidential race, but the questions raised regarding provisional voting and other questions could conceivably affect down-ballot contests.

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Moritz College of Law The Ohio State University