OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

New Jersey emergency petition to extend ballot access

According to reports (here and here), the ACLU of New Jersey has filed an emergency petition with that state’s Superior Court on behalf of voters who applied by e-mail or fax machine for a ballot and had not received a response today.  The ACLU petition seeks a court order allowing people to vote through the Federal Voting Assistance Program, which provides absentee ballots to residents living overseas or members of the armed services.  The emergency petition has been filed in Superior Court in Essex County, New Jersey, but the ACLU has indicated it will pursue a statewide remedy.  Reports indicate that numerous New Jersey voters who tried to email or fax to request a ballot received no reply today or were told they couldn't be processed.

Commentary

Edward B. Foley

Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley

A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

more commentary...

In the News

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

 

"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


more EL@M in the news...

Info & Analysis

Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

more info & analysis...