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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Sixth Circuit issues stay in SEIU v. Husted

The U.S. Sixth Circuit Court of Appeals has stayed the district court’s order to count provisional ballots cast in the wrong polling place in Ohio. The Sixth Circuit found that the district court failed to distinguish the burden on voters who arrive at the correct place, but are misdirected by poll workers, from the burden on voters who arrive at a wholly incorrect voting place because the voter who “arrives at the wrong polling location cannot be said to be blameless in the same way as a right-place/wrong-precinct voter.” The court also reiterated that such a significant last-minute change to election law is disfavored, as it “disrupts the electoral process and threatens its fairness.”

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.

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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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