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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Sixth Circuit Issues Stay in Ohio Provisional Ballot Case

The Sixth Circuit today (1/18) issued an order granting a stay in the Hamilton County Juvenile Court provisional ballots case.  This follows a flurry of motions over the last few days, including an amicus brief from the Ohio Secretary of State.  Oral arguments are set for Thursday, January 20.  For a complete listing of the documents filed in this case, see our Major Pending Cases page for the case.


The Sixth Circuit's stay essentially freezes the status quo until the appeals court has a chance to review the merits.  Characterizing the case as "difficult," with "complex" and "contested" facts, and presenting "serious questions on their merits," the stay order was careful not to tip its hand which way it might ultimately rule. The 3-judge panel (Moore, Cole, Rogers) essentially explained the need for the stay as to avoid the "difficult position in which the [Hamilty County] Board [of Elections] finds itself": subject to two "conflicting orders" from the federal district court and the Ohio Supreme Court while the potential of "its members fac[ing] contempt proceedings if they do not carry out the district court's order."  Merits briefs from all parties are due 3 p.m. Wednesday, in advance of Thursday oral argument at 5 p.m.


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.

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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. 

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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.

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