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Election Law @ Moritz


EL@M in the News

2010 Media Hits

The following is a list of selected media coverage for Election Law @ Moritz faculty members. The links below will direct you to sites that are not affiliated with Election Law @ Moritz or the Moritz College of Law. They are subject to change, and some may expire or require registration as time passes. Contact Barbara Peck, Chief Communications Officer, for any media requests at (614) 292-0283.

August, 2010

Daniel P. TokajiThis is why US election ballots routinely go missing
Aug. 9, 2018
Featured Expert: Daniel P. Tokaji

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. 


Daniel P. TokajiResults in the 12th Congressional District race in flux with narrow margin
Aug. 8, 2018
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in WSYX ABC 6 about the 12th Congressional District special election.

 

“I think the 12th district election got a lot of attention because it is seen as a bellwether for what is happening in November,” Tokaji said.


July, 2010

Edward B. FoleyYes, American democracy is in peril, but don't blame the bots
July 12, 2018
Featured Expert: Edward B. Foley

A post written by Prof. Edward Foley for SCOTUSblog about Justice Anthony Kennedy’s jurisprudence on voting rights was quoted in Salon.

 

“For Kennedy, freedom comes first and democracy second, and … the purpose of democracy is to preserve and promote personal liberty,” Foley writes. 

Edward B. FoleyVoting rights in Justice Kennedy’s Constitution
July 6, 2018
Featured Expert: Edward B. Foley

A post by Professor Edward Foley about U.S. Supreme Court Justice Anthony Kennedy was published in SCOTUSblog. 

 

“Justice Anthony Kennedy’s jurisprudence on voting rights must be understood in the context of his overall constitutional philosophy,” Foley writes. “While certainly appreciative of the role that democratic elections play as part of the republican form of government established by the Constitution—see, for example, his concurrences in U.S. Term Limits, Inc. v. Thorton (1996) and Cook v. Gralike (2001)—Kennedy did not view voting rights as having a paramount status within the pantheon of constitutional rights.”

 

 

June, 2010

Edward B. FoleyKennedy’s Retirement Could Threaten Efforts to End Partisan Gerrymandering
June 30, 2018
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The New York Times about Justice Anthony Kennedy’s retirement from the U.S. Supreme Court and whether Chief Justice John Roberts could cast a vote against partisan gerrymandering. 

 

“He’s not going to be taken down this road unless a case is perfectly and properly presented,” Foley said. “But it is very significant that he did not foreclose the road at all.”

 

 

Daniel P. TokajiWhat Does the Supreme Court's Ohio Decision Mean for Voting Rights?
June 14, 2018
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in TIME about Ohio’s process of purging voter rolls. 

 

“There’s a real risk that other secretaries of state will see this as an excuse to kick people off the voting rolls,” Tokaji said. 


Edward B. FoleySupreme Court upholds Ohio's system of purging voter rolls
June 11, 2018
Featured Expert: Edward B. Foley

Prof. Edward Foley was quoted in the Pittsburgh Post-Gazette about the U.S. Supreme Court's decision to uphold Ohio’s voter-purge law. 

 

“I don’t think there’s any real reason to believe that the drop off is going to be significant,” Foley said. “The Ohio law that was upheld in this case never disenfranchised anybody.”

Edward B. FoleyU.S. Supreme Court upholds Ohio voter purging process
June 11, 2018
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Blade about Ohio’s voter purge law, which was upheld by the U.S. Supreme Court. 

 

“I don’t think there’s any real reason to believe that the drop-off is going to be significant,” Mr. Foley said. “The Ohio law that was upheld in this case never disenfranchised anybody.”

 

 

Daniel P. TokajiU.S. Supreme Court upholds Ohio voter purging process
June 11, 2018
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in The Blade about Ohio’s voter purge law, which was upheld by the U.S. Supreme Court. 

 

“The majority of the current Supreme Court is no friend to the right to vote,” Tokaji said. 

 

 

May, 2010

Edward B. FoleyColumbus City Council Will See Some Reforms, But Not For Another Six Years
May 10, 2018
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in WOSU about changes to Columbus City Council that will stem from the passage of Issue 3.

 

“In a city where one political party is dominant, it makes sense to think about the citizen's commission to take it out of the hands of the politicians,” Foley said. “Because if you leave it in the hands of the politicians, it’s hard to get balance between the two parties.”


Edward B. FoleyWhy it takes so long to get election night results
May 8, 2018
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Vox about the time it takes to process election night results. 

 

“There is definitely tension and competing considerations between the desire for speed and the advantage of speed on the one hand, versus other factors which do inevitably slow things down,” Foley said. “And there’s no perfect solution to that push-pull or that tension.”


March, 2010

Edward B. FoleyFriday round-up
Mar. 30, 2018
Featured Expert: Edward B. Foley

A blog post written by Professor Edward Foley for ElectionLaw@Moritz about the U.S. Supreme Court case Benisek v. Lamone was requoted in SCOTUSblog. 

 

“[There] are reasons to be skeptical, at least early in the stages of the intellectual inquiry, that there would be a single ‘grand unified theory of partisan gerrymandering’ under the U.S. Constitution,” Foley writes. 


Edward B. FoleyMonday round-up
Mar. 26, 2018
Featured Expert: Edward B. Foley

An essay written by Professor Edward Foley for Election Law Blog about Benisek v. Lamone was requoted in SCOTUSblog. 

 

“Without prejudging the merits of the issue … the opinion of the Court (or for one or more Justices) in Benisek could invite the development of arguments on whether Article I, or specifically its Elections Clause, requires different analysis than the Fourteenth Amendment (including its incorporation of the First Amendment),” Foley writes. 


Edward B. FoleyFriday round-up
Mar. 23, 2018
Featured Expert: Edward B. Foley

An essay written by Professor Edward Foley for Election Law Blog was requoted in SCOTUSblog

 

“[Extreme] gerrymandering of the kind that systematically frustrates the ability of changing voter preferences to unseat incumbents does contravene this fundamental principle of popular sovereignty (and statistics can distinguish these extreme gerrymanders from districts based on valid geographical considerations),” Foley writes. 


Steven F. HuefnerA Lack Of Precedent In Wisconsin's Special Elections Lawsuit
Mar. 20, 2018
Featured Expert: Steven F. Huefner

Professor Steve Huefner was quoted in WisContext about special-elections lawsuits.

 

"The number of such suits is still relatively small, and it’s hard to generalize because the standards for calling special elections can vary from state to state and from office to office," Huefner said. 


Edward B. FoleyNew Districts In 2018 Unlikely As SCOTUS Continues To Weigh Wisconsin Gerrymandering Lawsuit
Mar. 5, 2018
Featured Expert: Edward B. Foley

Professor Edward Foley appeared on Wisconsin Public Radio to discuss Gill v. Whitford, a landmark redistricting lawsuit before the U.S. Supreme Court. 

 

“Even if they're victorious … I think the 2018 elections will be on the old maps," Foley said. 


February, 2010

Daniel P. TokajiThe inside story on Ohio’s redistricting deal
Feb. 7, 2018
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in The Columbus Dispatch about partisan congressional redistricting in Ohio. 

 

 

"I can’t think of anywhere where we’ve had a situation like we’ve had here for the past couple of years,” Tokai said. “People in Ohio’s state legislature recognize there’s a serious problem.”



 

January, 2010

Daniel P. TokajiJon Husted's simple idea for a gerrymandering fix; would it work? - Out of Line: Impact 2017 and Beyond
Jan. 30, 2018
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in Cleveland.com about Secretary of State Jon Husted’s suggestions to reform Ohio’s gerrymandered congressional districts. 

 

"You want fairness. In a 50-50 state, you don't want one party controlling 12 districts, and the other party four," Tokaji said. "You don't need all of them to be competitive, but you want some competitive so if there is a change in sentiment, there is a level of accountability."

 

 

Edward B. FoleyIs Partisan Gerrymandering Legal? Why the Courts Are Divided.
Jan. 11, 2018
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The New York Times about the use of historical research and social science to measure the impact of partisan gerrymandering. 

 

“We don’t know what will carry the day,” Foley said. “But it might be that Chief Justice Roberts and Justice Alito will be able to make peace with new jurisprudence because of some of these newer arguments.”


Daniel P. TokajiOhio's Voter Purge
Jan. 10, 2018
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji appeared on WOSU to discuss Ohio’s voter purge policy and the U.S. Supreme Court case Husted v. A. Philip Randolph Institute. He is one of the attorneys for the plaintiff.

Daniel P. TokajiMayor and Army vet challenges Ohio voter purge process
Jan. 9, 2018
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in The News-Herald about Ohio’s voter purge policy and the U.S. Supreme Court case Husted v. A. Philip Randolph Institute. He is one of the attorneys for the plaintiff.

 

“This law was enacted in the face of overwhelming evidence that restrictions on registration have a direct impact on who votes and who doesn’t,” Tokaji said. “There are many people, thousands of people, who don’t vote in every federal election cycle, even in every presidential election. Under federal law, not voting isn’t sufficient to get you purged from the rolls and denied the right to vote.”


December, 2010

Edward B. FoleyOhio voters may change way Congress lines are drawn
Dec. 26, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in the Dayton Daily News about the potential outcomes of several cases before the U.S. Supreme Court that will address partisan gerrymandering.

“One direction is the court basically abandoning any role to try to police excessive partisanship in these maps,” Foley said. “The other fork in the road would take the federal judiciary down the path of being something of a police officer on this issue.”
 

Daniel P. TokajiPro-DeWine group to bring dark money to 2018 Ohio governor's race
Dec. 14, 2017
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in Cleveland.com about Securing Ohio’s Future, an advocacy group that isn’t required to disclose its donors or expenses.

"Taking a look at their website, it certainly appears a big part of their purpose is to support the Republican gubernatorial ticket," Tokaji said. "Does that mean they're in violation of the law? I can't say that for sure based on what I've seen, and based on the murkiness of the legal standard, but it's certainly pushing the envelope."
 

Edward B. FoleyHow Ohio could be affected by Supreme Court gerrymandering case brought by Maryland Republicans - Out of Line: Impact 2017 and Beyond
Dec. 13, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Cleveland.com about two gerrymandering cases on the U.S. Supreme Court docket.

"The two cases give the court an opportunity to say that there is a line that if you go too far, you are in violation" of the Constitution Foley said.
 

Edward B. FoleyTempe City Council Moves Ahead With Ordinance To Limit 'Dark Money'
Dec. 1, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley appeared on KJZZ to discuss an ordinance in Tempe, Arizona that could limit the influence of “dark money” on its municipal elections.

November, 2010

Edward B. FoleyA write-in could never save Alabama Republicans from Roy Moore. Here’s why.
Nov. 29, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Vox about the potential for a successful write-in campaign in Alabama’s Senate race. Only one U.S. Senator, Lisa Murkowski (R-AK), has won as a write-in candidate in the last 50 years.

“You have to start with the premise that they’re extraordinarily difficult in general, and rare to be successful,” Foley said. “The Murkowski example is not the norm—it’s for sure the exception. But it also proves it’s not impossible.”
 

Edward B. FoleyCulling Voter Rolls: Battling Over Who Even Gets to Go to the Polls
Nov. 25, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in The New York Times about a voting rights case from Ohio that is set to go before the U.S. Supreme Court in January. The court will decide whether state officials violated the Voter Registration Act. Officials required any eligible voters who missed an election and who did not return a postage-paid form notifying whether they moved to  purged from voter rolls if they did not vote in the following two elections.

It is unlikely that the impact from the ruling will be far-reaching as the case involves a technical interpretation of a single clause in the law, Foley said.
 

Edward B. FoleyHow states can fix the Electoral College and prevent future Trumps
Nov. 9, 2017
Featured Expert: Edward B. Foley

An op-ed written by Professor Edward Foley about repairing the Electoral College was published in USA Today.

“The imperative is to prevent another president who wins the White House without really winning the support of the electorates in the states that determine the outcome,” Foley writes. “The Founding Fathers would see that as a subversion of the Electoral College system. So should we.”
 

October, 2010

Daniel P. TokajiO'Neill's candidacy blurs lines between judiciary and executive
Oct. 31, 2017
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in The Blade about Ohio Supreme Court Justice William O’Neill, who recently announced his candidacy for governor. O’Neill doesn’t plan on stepping down from the high court until Feb. 7, the deadline for filing candidate petitions, yet the Code of Judicial Conduct does not specifically define at what point someone officially becomes a candidate and must resign from office.

“One of the basic precepts of our system of justice is that our system and our judges must be independent,” Tokaji said. “That means independence from politics and especially the executive and legislative branches. If someone is planning to run as a candidate for executive or legislative office, It compromises their impartiality, or at the very least, the appearance of impartiality.”
 

Daniel P. TokajiOhio’s judicial races are nonpartisan in name only, expert says
Oct. 20, 2017
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in The Columbus Dispatch about Ohio’s judicial races. Despite being considered nonpartisan, political parties are permitted to endorse and promote candidates. Partisan primaries for certain judgeships are also allowed.

“I think there are a lot of bad systems for selecting judges, but Ohio has managed to come up with the absolute worst one of all,” Tokaji said. “[The state’s judicial races] are partisan elections masquerading as nonpartisan elections. It is partisan in every aspect but one: Voters are denied information about party when they vote.”
 

Edward B. FoleyRanked-choice voting: A better way or chaos?
Oct. 11, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley’s book, “Ballot Battles: The History of Disputed Elections in the United States” was quoted in The Ellsworth American, in an article about ranked-choice voting in Maine.

Plurality language was added to Maine’s Constitution in 1880 after none of the candidates for governor in the election of 1879 received a majority vote.

“After this ordeal, the state eliminated the requirement that a gubernatorial candidate win a majority in order to win the office outright; instead, a plurality would suffice,” Foley writes.
 

Daniel P. TokajiPodcast: The future of gerrymandering
Oct. 6, 2017
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji appeared on a podcast produced by Constitution Daily, a publication of the National Constitution Center, to discuss the future of gerrymandering. 

Edward B. FoleyThe 'unique' nature of the US voting system could help Russia tip the scales of future elections, experts say
Oct. 5, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Business Insider about Russian meddling in the 2016 presidential election and vulnerabilities in the structure of the Electoral College.

"In this case, it is important to remind ourselves of the role of provisional ballots,” Foley said. "They're not perfect, and I'd rather make sure, on the front end, that these databases are unhackable. But election systems are a risk management enterprise.”
 

Edward B. FoleyJustices Show Their Colors in SCOTUS Gerrymandering Case
Oct. 3, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Law.com about the potential outcome of Gill v. Whitford before the U.S. Supreme Court.

The case may be “one of those rare cases for which what transpires during oral argument genuinely has a chance to be outcome-determinative,” Foley said.
 

Edward B. FoleyAll Eyes On Kennedy As SCOTUS Hears Wisconsin's Gerrymandering Case
Oct. 2, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley appeared on Wisconsin Public Radio to discuss Justice Anthony Kennedy’s upcoming role in Wisconsin’s landmark gerrymandering case. 

"He has told us that he would like to find a standard—a constitutional standard—that would police this problem and would condemn as invalid excessive partisan greed in the drawing of these maps," Foley said. "But he's also told us that he's been unable to identify a principle standard that's linked to the Constitution as it's written."
 

Edward B. FoleyHow a Wisconsin Case Before Justices Could Reshape Redistricting
Oct. 1, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The New York Times about a gerrymandering case involving the Wisconsin State Assembly that will go before the U.S. Supreme Court this week.

“I think it’s huge,” Foley said, adding that without direction from the court, gerrymandering “is like the German autobahn—do whatever you want, as much as you want. A red light from the court, or even a strong yellow light, puts the brakes on this.”
 

September, 2010

Daniel P. TokajiThe Few Democrats on Trump’s Voter Fraud Panel Push Back
Sep. 29, 2017
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in Bloomberg Businessweek about President Donald Trump’s election integrity commission. Several Democratic members of the commission are becoming more outspoken about their opposing viewpoints to claims of widespread voter fraud.

“This is a pretty partisan commission,” Tokaji said. “I guess there are a couple of people at least with Democratic affiliations. They’re certainly not prominent people in this elections sphere, nor, to this point, have they been particularly vocal in raising the other side of this debate.”
 

Daniel P. TokajiA path through the thicket – the First Amendment right of association
Sep. 13, 2017
Featured Expert: Daniel P. Tokaji

A post written by Professor Dan Tokaji for SCOTUSblog during their Summer Symposium on Gill v. Whitford was reprinted on ACSblog.

“A constitutional standard for partisan gerrymandering is the holy grail of election law. For decades, scholars and jurists have struggled to find a manageable standard for claims of excessive partisanship in drawing district lines," Tokaji writes. "Most of these efforts have focused on the equal protection clause. But as Justice Anthony Kennedy suggested in Vieth v. Jubelirer, the First Amendment provides a firmer doctrinal basis for challenging partisan gerrymandering.”
 

August, 2010

Edward B. FoleyBond company doubts others will insure Treasurer-elect Sullivan
Aug. 24, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Columbus Dispatch about Franklin County Treasurer-elect Cheryl Brooks Sullivan, who was denied bond earlier this week. All elected officials must be bonded in accordance with Ohio law, so Sullivan must find a willing bonding company before she takes office in September.

“Usually a candidate is disqualified before getting on the ballot, or sometimes removed from the ballot before voters vote,” Foley said. “But occasionally a winning candidate is prohibited from holding office, or removed from an office, because the individual lacks an essential legal requirement for holding the office.”
 

Edward B. FoleySymposium: Wechsler, history and gerrymandering
Aug. 11, 2017
Featured Expert: Edward B. Foley

A post written by Professor Edward Foley was published on SCOTUSblog.

“When we look back on the half-century since Sullivan, we see a legacy in which the Supreme Court itself contributed to America’s growth as a people committed to political freedom. Sullivan is entrenched as precedent precisely because it is now indelibly part of our national self-understanding," Foley writes. "For Gill to be successful like Sullivan, it too will need to become woven into our sense of America as a democracy. The way for Gill to accomplish this is to declare: 'Although the original Gerry-mander was never tested in this Court, the attack on its validity has carried the day in the court of history.' If the court says this, then 50 years from now—thanks in large part to Gill itself—we may have matured into the genuinely representative democracy we are still striving to be.”
 

Daniel P. TokajiSymposium: A path through the thicket – the First Amendment right of association
Aug. 10, 2017
Featured Expert: Daniel P. Tokaji

A post written by Professor Dan Tokaji appeared on SCOTUSblog.

“A constitutional standard for partisan gerrymandering is the holy grail of election law,” Tokaji writes. “For decades, scholars and jurists have struggled to find a manageable standard for claims of excessive partisanship in drawing district lines. Most of these efforts have focused on the equal protection clause. But as Justice Anthony Kennedy suggested in Vieth v. Jubelirer, the First Amendment provides a firmer doctrinal basis for challenging partisan gerrymandering. An established line of precedent understands voting as a form of expressive association protected by the First Amendment. These cases offer a nuanced standard that would avoid the undesirable result of rendering any consideration of partisan consequences unconstitutional.”
 

July, 2010

Edward B. FoleyHow the Courts Could Upend Gerrymandering
July 26, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Roll Call about the impact an upcoming Supreme Court case—which will examine Wisconsin's state Assembly districts—could have on partisan gerrymandering nationwide.

“The moment is huge,” Foley said. “I think we’re at an inflection point in this area of law. One question that’s going to be on the mind of any justice is, can they set a precedent that withstands the test of time, not just decides that case?”
 

Daniel P. TokajiVoter advocates challenge state’s registration deadline
July 6, 2017
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in The Boston Globe about Massachusetts’ voter registration deadline, which requires registering to vote 20 days before an election. Voters’ rights advocates argue that the law is unconstitutional.

“The empirical research shows that voter registration rules have a big impact on who votes and who doesn’t,” Tokaji said. “The evidence is stronger on registration than on any other election administration rule. So I’d say this is a big case.”
 

June, 2010

Daniel P. TokajiCongressional Redistricting Reform On The Way In Ohio?
June 4, 2017
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in WVXU about congressional redistricting reform in Ohio.
 
"The fact is we don't have competitive districts in the state of Ohio,'' Tokaji said. "If we know what the result of every single (House) election is going to be before a single vote is cast, then there is no real accountability. And that is exactly what we have now."
 

April, 2010

Edward B. FoleyGerrymandering Is Headed Back to the Supreme Court
Apr. 21, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

Edward B. FoleyKey Question for Supreme Court: Will It Let Gerrymanders Stand?
Apr. 21, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley quoted in The New York Times about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times.
 

February, 2010

Edward B. FoleyWhite House drops Obama-era discrimination claim against Texas voter ID law
Feb. 27, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Christian Science Monitor in an article about how the Trump administration dropped a discrimination claim against a Texas voter ID law. Viewed as one of the strictest voting requirements in the country by voting rights advocates, the law required voters to show one of seven valid forms of ID.

A federal appeals court ruled last year that the law disproportionately impacted minorities and those living in poverty. The court required the state to adjust its requirements before the general election. According to court testimony, Hispanic voters were twice as likely to lack proper ID under the law, while black voters were three times as likely.

“Voting litigation is increasing, not decreasing,” Foley said. “The main impression … is that when a law looks like it’s engaging in outright disenfranchisement of a valid voter, even conservative judges have been stopping that. [But] the judiciary is more tolerant with state legislatures adjusting issues of convenience and accessibility, if the adjustment is not outright disenfranchisement.”
 

Edward B. FoleyTrump: Mike Pence to lead voter fraud probe
Feb. 6, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Christian Science Monitor in an article about the investigation into voter fraud that will be led by Vice President Mike Pence. More than a dozen lawsuits nationwide regarding voting rights and access await federal court.

“Voting litigation is increasing, not decreasing,” Foley said. “The main impression … is that when a law looks like it’s engaging in outright disenfranchisement of a valid voter, even conservative judges have been stopping that. [But] the judiciary is more tolerant with state legislatures adjusting issues of convenience and accessibility, if the adjustment is not outright disenfranchisement.”

January, 2010

Edward B. FoleyTrump Calls for Voter Fraud Probe: A Look at Past Inquiries
Jan. 28, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”
 


 

Edward B. FoleyAnti-Trumpers’ Most Futile Effort Yet to Stop Trump from Being Sworn In
Jan. 16, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

Edward B. FoleyVoter ID Laws Are So Last (Election) Season
Jan. 6, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Bloomberg BNA about voter ID laws implemented during the last election cycle. The “voting wars will continue,” Foley said, as incoming state legislators start to reconsider new election laws.

He also discussed the number of last-minute, conflicting court decisions made throughout the election cycle that struck down voting restrictions in some states, while upholding them in others. The U.S. Supreme Court’s decision to dismantle part of the Voting Rights Act in 2013 created a “hunger for clarity” in regards to how lower courts consistently determine the legality of voting restrictions, he said.

 

 

Edward B. FoleyThis Law Could Still Stop Donald Trump, Says This Constitutional Expert
Jan. 5, 2017
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Bustle about the federal law permitting members of Congress to challenge Electoral College ballots. The law was enacted in 1887 -- as part of the Electoral Count Act -- in response to the 1876 election, Foley explained.

“We came much closer to a genuine constitutional crisis over the 1876 election,” Foley said. “Inauguration Day back then was on March 4, and we still didn’t know who was President until the early hours of March 2. Ulysses Grant was considering declaring martial law.”

The law requires the president of the Senate to call for any challenges as electoral ballots are counted. Any objections must be submitted in writing and also must be signed by one senator and one representative. Even with the law in place, it is unlikely to disrupt an election's outcome, Foley said.

“First, we’ll need to see if a senator signs on to any of these objections,” he said. “Then, under the statute, each house deliberates for up to two hours on the objection. It would take both houses to sustain the objection in order to disqualify that electoral vote.”
 

December, 2010

Edward B. FoleyNot our president — yet
Dec. 20, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in VICE News about an 1887 law, 3 U.S. Code section 15, which allows Congress to challenge the Electoral College when votes are reviewed in January. Theoretically, the law could be used as an attempt to refute any electoral votes cast for President-elect Donald Trump. The odds of that happening, however, are slim.

“You’ve got to be honest and say there’s a huge amount of uncertainty in this,” Foley said. “It is the most convoluted law, and Congress knew at the time they wrote it that it didn’t make any sense, but it was a compromise.”
 

Edward B. FoleyElectoral College: What to Know About Today's Vote
Dec. 19, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in ABC News about the role of faithless electors in the presidential election. In order for Donald Trump to lose, at least 37 of the 306 electors pledged to him would have to vote for Hillary Clinton or another candidate instead. Congress has the final say, however.

"Even if there were 37 faithless electors, ultimately what matters is what Congress does on Jan. 6 [when it counts electors' votes],” Foley said.

Edward B. FoleyYes, It’s Possible to Delay Electoral College Vote. Here’s What Would Have to Happen
Dec. 15, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in LawNewz about efforts by more than 40 electors to postpone the Electoral College vote until they receive a full intelligence briefing on any alleged ties between President-elect Donald Trump and Vladimir Putin. Theoretically, Congress would have to pass a law -- which would then head to President Barack Obama’s desk -- in order to defer the vote.

“I’m unaware of any previous presidential election in which the date for the meeting of the electors was changed by Congress after the date on which the electors themselves were appointed (i.e., the date that citizens had cast their popular votes in the presidential election) had occurred,” Foley said.

Edward B. FoleyThe Law Might Actually Allow Electors to Get Intel Briefing About Putin/Trump Connections
Dec. 12, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Law Newz about a recent letter penned by ten electors to the Electoral College that requests a full intelligence briefing on any ties between President-elect Donald Trump and Vladimir Putin. The electors also requested evidence from Trump and his staff advisors that they didn’t accept any Russian interference throughout his campaign.

According to Foley, such requests are unprecedented. Special privileges to electors-- in particular, the opportunity to make any demands of the president-elect -- aren’t outlined in the Constitution.

“There is no precedent for this type of request in any of my studies of presidential elections,” Foley said.

Edward B. FoleyJill Stein Needs to Stop Colossal Failure Recount Effort, and Give Millions Back to Duped Donors
Dec. 9, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was requoted in Law Newz about Green Party presidential nominee Jill Stein’s efforts to raise millions of dollars for election recounts in Michigan, Wisconsin and Pennsylvania. According to Foley, Stein had little evidence in Pennsylvania to support her claims that the state’s election results were illegal.

“Votes have to be counted fairly … but that does not guarantee anybody a right to a recount,” Foley originally told The Huffington Post.

Edward B. FoleyJill Stein Is Not Defrauding Recount Donors. But She’s Not Being Totally Honest Either
Dec. 8, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Huffington Post about Green Party presidential nominee Jill Stein’s efforts to raise millions of dollars for election recounts in Michigan, Wisconsin and Pennsylvania. According to Foley, there isn’t much evidence to support Stein’s claims that Pennsylvania’s election results are illegal.

“Stein is going to federal court because she really doesn’t have any chance of prevailing” in state court, Foley said.

Edward B. FoleyRogue Electors Won't Stop Trump Presidency, Could Affect State Laws, Constitution
Dec. 8, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in TheStreet about the unprecedented number of faithless electors who are expected to cast their vote against President-elect Donald Trump in December. There is no federal law requiring electors to heed their respective state's’ popular vote, according to Foley.

"That issue remains unsettled as a matter of federal law," he said.

Edward B. FoleyRecounts barely making dent in election results; Trump gains in Wisconsin
Dec. 7, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Fox News about recount efforts in Michigan, Pennsylvania and Wisconsin. Nearly one-third of Michigan’s precincts could be disqualified from the recount, according to officials, as state law prohibits precincts whose poll books don’t match with ballots from participating.

“They are not going to affect the decision, but the discrepancy certainly warrants further investigation,” Foley said. “Even if it did change the results in Michigan, it still wouldn’t matter because Clinton needed to win all three states to surpass Trump in the Electoral College.”

Edward B. FoleyAre Democrats Wasting Their Time Taking On the Electoral College?
Dec. 7, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Atlantic about ongoing efforts to abolish the Electoral College as well as attempts to persuade electors to reject President-elect Donald Trump when they vote for president in December.

“There is very little indication that the political will currently exists for either of these scenarios to come to pass,” Foley said. “For the Electoral College to repudiate Trump, there would have to be a groundswell of Republicans turning against Trump that we have not seen happen within the party. As for abolishing the Electoral College, it’s extraordinarily difficult to amend the Constitution, and despite the fact that a majority of Americans support the idea, we have never been able to pass an amendment to achieve that.”

Edward B. FoleyMost states would recount Michigan's mismatched ballots despite flaws
Dec. 7, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in the Detroit Free Press about Michigan’s recount law. According to Michigan state law, precincts are excluded from a recount if "the number of ballots to be recounted and the number of ballots issued on Election Day as shown on the poll list or the computer printout do not match and the difference is not explained to the satisfaction of the board of canvassers." The law is more restrictive than many other recount laws nationwide.

"In most states, if it's only off by one or two, it's usually poll worker error and absent any other evidence of fraud or impropriety, they'll treat the ballots as valid," Foley said. "The thinking is that those mistakes even out. Michigan is sort of out of step with that prevailing practice."

Edward B. FoleyWhat Jill Stein really wants is an audit, not a recount
Dec. 6, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Business Insider about recount efforts in Pennsylvania, Wisconsin and Michigan. The recounts, led by Green Party nominee Jill Stein, are meant to double-check the security and accuracy of the election.

"Given that she states her goal is accuracy and verification, that sounds like the language for an audit," Foley said. "She’s calling for a recount to perform the function of an audit."

Edward B. FoleyExperts: Federal ruling ties hands of Michigan courts on recount
Dec. 5, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Detroit Free Press article discussing a federal judge's ruling  in the on the Michigan presidential vote recount. He told the news outlet that while he agreed that a federal judge's ruling on constitutional grounds takes precedence over a state court ruling, he wouldn't rule out that the Michigan Supreme Court might issue an order to halt the recount — in conflict with Goldsmith's ruling — if the state court felt strongly that Goldsmith misinterpreted constitutional law.

Goldsmith's order relates to the Board of State Canvassers, so the order itself does not directly bind the Michigan Supreme Court, Foley said. If there are conflicting orders, further judicial review would be needed, likely by the U.S. 6th Circuit in the first instance. Goldsmith's order appears to be an attempt to "take control of the situation" with the recount, he added.

Edward B. FoleyThe recount war: why Stein, Trump supporters are fighting out it in court
Dec. 4, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Christian Science Monitor about the unlikelihood that presidential vote recounts in Michigan, Pennsylvania, and Wisconsin would be overturned in favor of Democratic Presidential Nominee Hilary Clinton in all three states.

Clinton would have to have the results overturned in all three states combined in order to overturn Trump’s victory, the likelihood of which is “essentially zero or infinitesimal," Foley told The New York Times.

Daniel P. TokajiTrump supporters seek to block recounts
Dec. 3, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article that appeared in the Dayton Daily News about the unlikelihood that recounts in the states of Wisconsin, Michigan, and Pennsylvania would all turn up new results in the 2016 presidential election. Democratic Presidential Nominee Hilary Clinton would need to win all three states in a recount to secure the presidency.

"The chance of a change of results in all three, which would be a change in the results of the presidential election, is precisely zero,” Professor Tokaji said. “I think the best advice for the public watching all this is ‘take a deep breath.’”

Edward B. FoleyCan Trump’s Defenders Stop Stein's Recounts?
Dec. 2, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Atlantic in an article discussing President-Elect Donald Trump's allies' work to stop election recount attempts initiated by Green Party presidential nominee Jill Stein in Wisconsin, Michigan, and Pennsylvania.

“From strongest to weakest where strongest means most likely to stop the recount effort, I would rate them Pennsylvania, then Michigan, then Wisconsin,” Foley said, while cautioning that it’s difficult to predict exactly what will happen. “The hardest case to stop the recount seems to be Wisconsin since the federal claims in federal court are more novel and unusual."

But “as a practical matter, even if these recount efforts caused any of these states to bump up against federal election deadlines, I think all three states will end up being counted for Trump, and I don’t foresee this affecting the inauguration," he added.

Edward B. FoleyTrump Backers Go to Court to Block Vote Recounts in 3 States
Dec. 2, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The New York Times in an article on President-Elect Donald Trump and his allies' attempts to stop recount efforts in Michigan, Pennsylvania and Wisconsin. Foley told said there was no comparison between this recount and the 2000 Florida impasse between George W. Bush and Al Gore. “It was quite plausible that Gore might prevail in a recount," he said, adding that the chance that these state recounts could reverse the outcome of the 2016 election was “essentially zero or infinitesimal.”

Edward B. FoleyDonald Trump’s Electoral College Win and the Enormous Hurdles for Reversal
Dec. 2, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Wall Street Journal about the National Popular Vote Interstate Compact, an agreement among a group of states to award all their electoral votes to the national popular vote winner no matter who wins in the state. So far, 10 states plus the District of Columbia have signed on in support of the bill, which would do away with the current Electoral College in favor of a popular vote system.

“Until a court tells us which is the right argument, we’re in uncharted waters,” Foley said of the issue.

November, 2010

Edward B. FoleyRecount, 'faithless' electors unlikely to thwart Trump
Nov. 28, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Deutsche Welle about the unlikelihood of recounts or "faithless" electors changing the outcome of the 2016 presidential election. "The odds of that happening are infinitesimal (next-to-none)," he said. "Statewide recounts usually change no more than a hundred votes or so, and the tightest margin of the three key states, Michigan, is at last look around 10,000 votes.”

There is no historical precedent for such a move, Foley told the news outlet. Even if that many electors were to switch their votes, Clinton would still not become president because Congress would have to accept the results. "As long as the Trump campaign were able to submit to Congress an alternative to the votes of the faithless electors, Congress could choose to accept the Trump submission, rather than the submission on behalf of the faithless electors," he said. "It seems highly unlikely that Congress would favor the faithless electors rather than Trump."

Edward B. FoleyWhat's next in the Wisconsin recount
Nov. 27, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Hill for a story on recount efforts in Wisconsin  led by Green Party presidential nominee Jill Stein following the 2016 election. Experts voiced concern that if the recount wasn't finished by Dec. 19 when the Electoral College met to vote, Wisconsin's electoral votes could be at risk.

"That is a hard deadline and if a state were to miss that deadline, it would be technically in jeopardy of not having its electoral votes counted," Foley said.

Edward B. FoleyHistoric recount will have to move quickly
Nov. 27, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article that appeared in the Journal Sentinel on why the Wisconsin presidential vote recount would have to move swiftly in order for its electoral votes to count. Foley said the most important deadline the recount is up against is Dec. 19, the day members of the Electoral College meet to cast their votes for president.

"That is a hard deadline and if a state were to miss that deadline, it would be technically in jeopardy of not having its electoral votes counted," he said. If the recount isn't finished by that time, electors from Wisconsin could meet anyway and try to have their results sent to Congress by the time it counts the votes on Jan. 6, Foley added.

Edward B. FoleyWith recounts looming, Trump adds new administration picks
Nov. 26, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article that appeared on HighburyClock about recount efforts filed by Green Party Presidential Nominee Jill Stein following the 2016 presidential election. He said although the Electoral College will meet to cast its votes Dec. 19, if any recounts weren't finished by that time, electors from those states could meet anyway and have their results sent to Congress by the time it counts electoral votes on Jan. 6.

Edward B. FoleyBallot rules, hacking theories and recounts — why the U.S. election drags on
Nov. 26, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a CBCNews article about recount efforts in the 2016 U.S. presidential election and the possibility that voting results could have been hacked. He told the news outlet that the odds of the election being hacked were "zero or close to zero," and that if hackers did indeed try to influence the outcome of the vote, the results wouldn't have been as consistent across the states and that likely hackers would have gone after bigger states like Florida and North Carolina. "Do I think there was a problem with the count? No, I don't see any reason to think that," he said.

When asked why it seems the vote count process takes so long, Foley said, "Since the 2000 election of Bush versus Gore ironically enough, some of the reforms, and well-intentioned and positive reforms, have had an unfortunate byproduct of delaying the counts."

Edward B. FoleyAt least 399 votes not counted because voter didn't provide valid ID
Nov. 23, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted by The Journal Times in an article about the 399 votes in Wisconsin that weren't counted because voters did not provide a valid photo ID. He told the news outlet that the federal courts might not be sympathetic to a voter who didn’t make an effort to get a voter ID, but if there’s evidence that they tried and were unsuccessful, “that might signal there are a group of Wisconsin voters who would have been protected by the more generous Texas system,” he said. Texas reportedly gave voters without an ID the opportunity to sign an affidavit saying they were unable to obtain one.

"The federal judicial system is searching for an appropriate safety net, that means no proper voter will be disenfranchised by a genuine voter ID law,” Foley said. “This is important evidence to what extent is it being a barrier.”

Daniel P. TokajiDonald Trump video outlines first 100 day plans
Nov. 22, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted on Fox28 about Donald Trump’s latest video outlining plans for his first 100 days in office.

"Take immigration for example, one of the cornerstones of the Trump campaign, not just building the wall, but reversing some of President Obama's actions on immigration, in particular the protection of the immigrant children," Tokaji said. "There will be a big backlash from the growing Latino population if he acts too aggressively on that, something that could hurt the Republican Party for decades."

Daniel P. TokajiDonald Trump video outlines first 100 day plans
Nov. 22, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an ABC6 story on President-Elect Donald Trump's plans for his first 100 days in office, which he released to the public via video on Nov. 21.

"You can never attain every single thing that you set out to accomplish, like the constitutional amendments proposing term limits? Come on, that's not going to happen. We know that going in, but we can accomplish some of the things," Tokaji said. "Take immigration for example, one of the cornerstones of the Trump campaign, not just building the wall, but reversing some of President Obama's actions on immigration, in particular the protection of the immigrant children, there will be a big backlash from the growing Latino population if he acts too aggressively on that, something that could hurt the Republican Party for decades."

Concerning Trump's claims during his campaign that he would appoint a special prosecutor to examine Hillary Clinton's actions, Tokaji said Trump wouldn't have the personal authority to do that, but whoever he selects as attorney general could. "The president would have some authority respective to a special prosecutor being appointed, but I think everyone recognizes it would be setting an incredibly dangerous precedent if we have new presidents turn around as soon as they're elected and pursue the prosecution of their former political adversary."

Edward B. FoleyJudges Find Wisconsin Redistricting Unfairly Favored Republicans
Nov. 21, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The New York Times about a new court ruling that found the Wisconsin Legislature’s 2011 redrawing of State Assembly districts in favor of Republicans was an unconstitutional partisan gerrymander. According to the 2-1 ruling by the United States District Court for the Western District of Wisconsin, the state Legislature violated both the First Amendment and the Equal Protection Clause of the 14th Amendment.

“Nobody has come up with a standard to measure constitutionality — how to distinguish between malevolent, evil partisanship that’s manipulative, versus the natural advantage one party might have as a result of where voters happened to live,” Foley said.

Edward B. FoleyJudges Find Wisconsin Redistricting Unfairly Favored Republicans
Nov. 21, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The New York Times following the findings of three federal judges that the Wisconsin Legislature’s 2011 redrawing of State Assembly districts to favor Republicans was an unconstitutional partisan gerrymander.

“Nobody has come up with a standard to measure constitutionality — how to distinguish between malevolent, evil partisanship that’s manipulative, versus the natural advantage one party might have as a result of where voters happened to live,” he said.

Edward B. FoleyAfter fraught election, questions over the impact of balky voting process
Nov. 12, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Boston Globe about the integrity of voting rights protections in a Trump Administration.

“I don’t think the sky is going to completely fall on voting rights,” Foley said. “My instinct is that the system is going to essentially protect voters from outright disenfranchisement.”

Edward B. FoleyLawsuits cloud Trump’s transition to presidency
Nov. 11, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in the Financial Times about how the six dozen lawsuits filed against Donald Trump might influence his transition into the White House. Foley referenced how the lawsuits filed against former president Bill Clinton impacted the rest of his time in office.

“It wasn’t just a distraction. Many people thought the Lewinsky scandal crippled the end of his presidency,” Foley said. “Historians have talked about the fact he had to devote a certain amount of his attention to dealing with the sexual harassment lawsuit. It was a significant issue on his mind and his conscience.”

Edward B. FoleyTrump May Be off the Hook From All Those Lawsuits, at Least for Now
Nov. 10, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in LawNewz about the pending lawsuits against Donald Trump.

“[T]he judiciary will want to look to the principle that no one is above the law,” Foley said. However, “there is “the risk of a civil lawsuit being a genuine distraction such that it outweighs the interests of the litigants in the civil suit.”

Edward B. FoleyTrump campaign files lawsuit against Nevada election officials, claiming polls were kept open 2 hours late
Nov. 8, 2016
Featured Expert: Edward B. Foley

An article written by Professor Edward Foley about keeping polls open for voters was quoted in Business Insider regarding a lawsuit filed against Nevada election officials by Donald Trump’s campaign. The lawsuit claims polls were kept open late during early voting.

"It's one of the most basic principles of electoral democracy," Foley wrote. "If you go to the polls when they are open, and you are a registered and qualified voter, then as long as you wait in line, you are entitled to cast your ballot even if the line is so long that you must wait until after the scheduled time for the polls to close."

Edward B. FoleyAn ‘I Voted’ Sticker Can Get You Free Stuff, but It Shouldn’t
Nov. 8, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The New York Times about how free giveaways to voters wearing “I Voted” stickers are technically illegal. Free transportation to polling sites shouldn’t pose a legal issue Foley said, but is still up for debate.

“You can have an extended law school class discussion about exactly what is the difference between driving someone to the polls when it would cost them several dollars to get there versus just giving them $5 outright,” Foley said. “That’s a slippery slope, to use a term law professors like to use a lot.”

Edward B. FoleyCould the Election System Derail, Again?
Nov. 8, 2016
Featured Expert: Edward B. Foley

 Professor Edward Foley spoke to The National Law Journal in a Q&A about how closely this year’s presidential election could mirror 2000’s Bush v. Gore.

"I do think it could happen again," Foley said. "The good news is it's unlikely to happen for another century or so."

Edward B. FoleyHillary Clinton will gain votes after Election Night. Here’s why.
Nov. 8, 2016
Featured Expert: Edward B. Foley

An article written by Professor Edward Foley and Charles Stewart III, the Kenan Sahin distinguished professor of political science at MIT and co-director of the Caltech/MIT Voting Technology Project, appeared in The Washington Post.

“Of course, the 2000 election showed that the result might not be settled so quickly. Considering how tight the polls have been, one or two battleground states may be too close to call Wednesday morning,” they write. “That would be good news for Hillary Clinton’s chances. She’ll probably take more of the mail-in and provisional ballots that can’t be counted until the days and weeks after the election. Whatever her vote share tonight, it will probably increase in the weeks to come."

Edward B. FoleyWhat Happens If You’re In Line When The Polls Close? You Can Probably Still Vote, So Don’t Panic
Nov. 8, 2016
Featured Expert: Edward B. Foley

An article written by Professor Edward Foley on Medium about long lines at polling places on Election Day was requoted in Bustle.

"If you go to the polls when they are open, and you are a registered and qualified voter, then as long as you wait in line, you are entitled to cast your ballot even if the line is so long that you must wait until after the scheduled time for the polls to close," Foley writes.

Edward B. FoleyDonald Trump tried to sue a Nevada county that let polls stay open so people could vote
Nov. 8, 2016
Featured Expert: Edward B. Foley

An article written by Professor Edward Foley was mentioned in Vox regarding the suit filed against the Clark County, Nevada registrar by Donald Trump’s campaign. The lawsuit, since rejected, alleged that the registrar allowed the polls to stay open for early voting.

“It’s one of the most basic principles of electoral democracy: if you go to the polls when they are open, and you are a registered and qualified voter, then as long as you wait in line, you are entitled to cast your ballot even if the line is so long that you must wait until after the scheduled time for the polls to close,” Foley writes.

 

Steven F. HuefnerMcCrory And Cooper Race Still Undecided: Now What?
Nov. 8, 2016
Featured Expert: Steven F. Huefner

Professor Steven Huefner appeared on North Carolina Public Radio - WUNC to explain the provisional ballot process. The race for North Carolina’s governor is still undecided, with a margin of about 5,000 votes separating Republican incumbent Pat McCrory from Democratic challenger Roy Cooper. County boards will meet to conduct a provisional ballot count.

Edward B. FoleyElection Day 2016: How Are Votes Counted?
Nov. 8, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in LiveScience about how votes are counted as they roll in on Election Day.

"There's a certification process, called canvassing, of the returns, to double-check and triple-check their accuracy," Foley said.

Edward B. FoleyJustice Department Staffers Monitor Polls on Election Day
Nov. 8, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in CBN News about how more than 500 Justice Department staffers will be monitoring polling stations for civil rights violations.

"Observation at the polls should not cross the line into intimidation, that's key," Foley said.

Edward B. FoleyWhat Happens if Donald Trump Loses and Won't Concede?
Nov. 8, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in NBC News about next steps should Donald Trump lose the election and refuse to concede.

"The concession speech itself has no legal status," Foley said. "It's more part of this cultural expectation.”

Daniel P. TokajiCan the Supreme Court handle a disputed election?
Nov. 7, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in POLITICO about hypothetically, what could happen if a deadlocked Supreme Court -- short one justice -- can’t resolve any legal disputes resulting from Election Day. If the Supreme Court splits 4-4 on any issues, federal appeals courts or state supreme courts could become final arbiters, as their underlying rulings would stand.

“What litigants would do is bring their claims according to which court they think is likely to be more favorable to them,” Tokaji said. “If you’re a Democratic lawyer and you’re in a jurisdiction with an unfriendly state supreme court you could try to head towards the circuit court by framing a claim under federal law. And vice versa for Republican lawyers.”

Edward B. FoleyDemocratic Elector May Upset Election Process by Refusing to Vote Clinton
Nov. 7, 2016
Featured Expert: Edward B. Foley

An Election Law expert commentary written by Professor Edward Foley about faithless electors was quoted in LawNewz.

“The idea of the ‘electors present’ filling a ‘vacancy’ suggests that this replacement power is limited to the situation where an elector does not show up for the Electoral College meeting, either because of death or refusal to act or neglect to attend,” Foley writes. “It doesn’t seem to apply to the situation in which a duly appointed elector does show up and is willing to pay the $1000 civil fine for breaking the pledge.”

Edward B. FoleyHow ‘faithless electors’ are messing with our electoral maps, explained
Nov. 7, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley’s projections of the ways in which Hillary Clinton could win the election with 270 electoral votes were mentioned in The Washington Post. If there is one faithless elector, Clinton would need 271, not 270 electoral votes and so on.

Edward B. FoleyJustice Department to monitor polls in 28 states on Election Day
Nov. 7, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Christian Science Monitor about the Justice Department’s efforts to monitor polling places in 28 states on Election Day for voter intimidation and civil rights violations.

"Observation at the polls should not cross the line into intimidation, that’s key," Foley said. "But observation by both sides is a good thing."

 

Edward B. FoleyThis is what happens if you're still in line to vote when the polls close
Nov. 7, 2016
Featured Expert: Edward B. Foley

An article written by Professor Edward Foley on Medium about what happens to voters still standing in line when the polls close was quoted in Business Insider.

"It's one of the most basic principles of electoral democracy," Foley writes. "If you go to the polls when they are open, and you are a registered and qualified voter, then as long as you wait in line, you are entitled to cast your ballot even if the line is so long that you must wait until after the scheduled time for the polls to close."

Edward B. FoleyWho are you writing in? The overwhelming allure of voting for someone who won't win
Nov. 6, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Washington Post about the popularity of write-in ballots this election year.

“Unless an election comes down to a single vote, no one vote is going to be decisive,” Foley said. “So if I decide to cast my ballot as a write-in, that may be as important symbolically as if I cast a vote for a winner or a loser in a blowout race.”

Edward B. FoleyThe closer the race, the more likely a legal challenge
Nov. 5, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in the Associated Press about Donald Trump’s claims that he will contest election results should he lose to Hillary Clinton. If the results are close, the race will likely extend into “overtime,” according to Foley. States technically do not have to declare a winner for several days, but a December 12 deadline set by Congress for states to submit a ratified vote tally means a legal battle won't last past December, he said.

“There are enough parts to our democratic system that I think we can handle one candidate being litigious, if everyone else says it’s over,” Foley said.

Steven F. HuefnerWhen white nationalists show up to 'monitor' the polls
Nov. 5, 2016
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in The Christian Science Monitor about the prospects of white nationalists showing up at polling places to patrol for signs of election rigging.

“The only way you’re going to succeed in stealing an election … is massive absentee ballot fraud or being an insider who perverts the system,” Huefner said.

Edward B. FoleyThe election might not end on Tuesday night — and that’s okay
Nov. 4, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley’s latest op-ed in The Washington Post explores why there is no need to be alarmed should the results of the presidential election remain undecided after election night. The article was co-written with Charles Stewart III, a political science professor at the Massachusetts Institute of Technology and co-director of the Caltech-MIT Voting Project

“After all that’s happened in this bizarre election, we need to brace ourselves for the chance that it might not end on election night, or even the next morning. The risk of that happening is higher than it used to be — and higher than most of us realize,” they write. “This is not reason to panic. No one wants to relive the 2000 recount, but the good news is that we don’t have to.”

Steven F. HuefnerVoters Can Change Early Ballots in Some States, But Not in Ohio
Nov. 4, 2016
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in WOSU about why Ohio election laws prohibit voters from changing their early vote ballots after they have been cast.

“It’s a more complicated election system if you choose to allow that kind of change,” Huefner said. “You have to make arrangements so that election workers can be confident that they’re not counting one voter’s vote multiple times.”

Edward B. FoleyDemocrats, Trump lawyers going to court early -- and often
Nov. 4, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in CNN about how lawyers on both sides of the presidential race are already filing legal briefs ahead of any anticipated challenges on Election Day.

"Lawsuits filed now to thwart intimidation at the polls on Election Day have a kind of 'table-setting' function," Foley said. "They also put the named defendants on notice that if they actually engage in activities that might constitute unlawful intimidation, then those defendants are potentially subject to contempt-of-court sanctions."

Steven F. HuefnerVoters Can Change Early Ballots in Some States, But Not in Ohio
Nov. 4, 2016
Featured Expert: Steven F. Huefner

Professor Steven Huefner appeared on WKSU to talk about how Ohio’s election laws prohibit voters from changing their early vote ballots after they have already been cast.

Daniel P. TokajiWhy Too Many Older Adults Face Voting Obstacles
Nov. 3, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in Next Avenue about the unique challenges elderly voters face each election season, including residents of assisted living facilities or nursing homes.

“One of the big issues for at least some elderly voters is mobility even if it’s possible for them to travel to the polls on election day, especially if that means the prospect of waiting in line for some unknown period of time," Tokaji said. "The question will arise whether [residents] have the [cognitive] capacity to vote, and if there’s some uncertainty, who winds up being the decider? It could be decided by the health care provider, for better or worse.”

Daniel P. TokajiMiss. Church Burning Comes Amid 'Increasingly Inflammatory' Campaign Rhetoric
Nov. 3, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in ABC News about Hopewell Missionary Baptist Church, the black church vandalized with “Vote Trump” graffiti and set on fire in Mississippi earlier this week.

"We've got increasingly inflammatory rhetoric, much of which has a racist, sexist, nativist tone to it. I just don't think there's any doubt about that, and I don't think it's just the candidates,” Tokaji said. “It's clearly permeating many citizens as well."

Edward B. FoleyJudge Orders RNC to Detail Poll-Watching Deals
Nov. 2, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley appeared on Bloomberg Radio to discuss a judge’s recent order for the Republican National Committee to reveal any poll-watching deals it made before the general election.

Daniel P. TokajiEarly voting: Hot topic could leave partisans cold
Nov. 2, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji’s latest op-ed for CNN explores the contentious issue of early voting.

“As more and more people vote before Election Day, the significance of early voting is moving beyond the realm of lawyers and academics; it also raises some fundamental questions for everyday Americans about how we should conduct elections in this country,” Tokaji writes. “It's worth asking what effect early and absentee voting have. Does pre-election voting increase voter turnout? Does it change the composition of the electorate? And does it affect people's choice of candidate?”

Edward B. FoleyClinton, Trump prepare for possibility of election overtime
Nov. 1, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in the Chicago Tribune about the narrowing race between Hillary Clinton and Donald Trump, and whether Clinton would choose to concede or take legal action should she lose any battleground states.

"If the perception is we're heading into a close election and it actually is close, then you'd have the sense that the candidates — maybe on both sides — would say, 'Well, we've really got to make sure we look at every ballot,''' Foley said.

October, 2010

Edward B. FoleyWill Zombie Voters Tip the Scales in 2016? No, but They Have in the Past
Oct. 30, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Daily Beast about Donald Trump’s claims that deceased individuals still registered as voters will help rig the election against him this year. Since the advent of safeguarded electronic voting systems, voter fraud – including the practice of registering deceased voters – has fallen substantially.

“Aggressively purging the voter rolls makes it difficult for eligible people to vote. On the other hand if you leave the names of dead folks or other folks on there too long then that bloats the voter rolls and that’s a problem too,” Foley said. “Frankly, our system is struggling to balance the two.”

Edward B. FoleyMich.’s elections designer: No ‘easy path to fraud’
Oct. 28, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Detroit News about efforts Michigan officials have taken to prevent widespread voter fraud. Among the precautions: removing more than 800,000 people from voter rolls who have died or moved out of state since 2011 and requiring voters without photo identification to sign an affidavit under penalty of perjury in order to sign a ballot.

“That’s a pretty good security system for the moment, especially in terms of protecting against hacking,” Foley said.

Edward B. FoleyLegal Skirmishes Erupt Over Voting Rules as Election Day Nears
Oct. 27, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Wall Street Journal about the ongoing legal battles in Ohio, Texas, and Arizona over voting rules, from voter-identification requirements to the voting rights of felons.

“If there ever were a year where the unexpected could come up, this is it,” Foley said.

Daniel P. TokajiDNC Accuses Donald Trump and the GOP of Voter Intimidation
Oct. 27, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in U.S. News & World Report about a formal legal complaint filed by the Democratic National Committee (DNC) that accuses Donald Trump and the Republican National Committee (RNC) of voter intimidation and harassment.

According to the complaint, the GOP is violating a consent decree that has put the party under court oversight since 1982. The decree was set to expire this year, but could be extended if the court finds Trump is in fact participating in voter intimidation.

"[T]here seems to be a really strong case … I think the RNC is really in a pickle on this," Tokaji said.

Edward B. FoleyExplaining how recounts and contested presidential elections work
Oct. 26, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Yahoo! News about vote recounts and the history of contested presidential elections. A handful of past elections haven’t been officially determined on election night, he said, including races in 1876, 1884, 1916, and 1960. The article originally appeared on the National Constitution Center’s blog, Constitution Daily.

“Elections, it must be emphasized, do not end on the last day that ballots are cast and the polls close,” Foley said. “They are officially over when the counting of all the ballots has been finally certified.”

Edward B. FoleyTrump accepting the US election result has little practical consequence
Oct. 25, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Deutsche Welle about Donald Trump’s assertions that he will not accept the results of the U.S. presidential election if he is defeated.

"It was improper to say what he said and the way that he said it, given the role of a candidate in a democracy for the office that he is seeking,” Foley said. "Most states have what they call automatic or mandatory recounts that get triggered by close margins. I do think the words that he has used suggest some lack of knowledge of the mechanics of the process and how the system works.”

Edward B. FoleyMore troubling than Trump on issue of accepting election results: Americans' feelings on the subject
Oct. 24, 2016
Featured Expert: Edward B. Foley

An excerpt from Professor Edward Foley’s recent article for POLITICO, “What Happens if Trump Keeps Us in Suspense on Election Night” was quoted in MinnPost.

“There’s no question that Trump’s self-centered phrasing— ‘I’ll keep you in suspense’ —is thoroughly inappropriate in a democracy, where the voters are sovereign and candidates are supposed to serve the electorate’s interest,” Foley writes. “And his allegations that the electoral system is pervasively rigged are both entirely divorced from reality and egregiously irresponsible. But would a Trump holdout on election night necessarily be the historical aberration critics are describing? Not exactly.”

Daniel P. TokajiThe GOP Really Doesn't Want To Hear About Trump And His "Rigged" Election
Oct. 23, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in WVXU about the damages caused by Donald Trump’s election rigging rhetoric, namely the public’s diminished confidence in a fair voting system.

"There already is this loss of faith,'' Tokaji said. "But Trump, with his claim of a rigged election, has taken it to entirely different level. It's irresponsible."

Edward B. FoleyA post-Thanksgiving presidential concession speech?
Oct. 21, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in McClatchy DC in an article about how long it could take Donald Trump to concede the election, if he loses.

“There’s never a winner or loser on election night, it’s only as a matter of law at the time of certification,” Foley said.

Edward B. FoleyWhat Happens if Trump Keeps Us ‘in Suspense’ on Election Night?
Oct. 21, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley’s latest article for POLITCO explores the ramifications of Donald Trump’s claims that he could refuse to accept the results on election night.

“It might be a colossal act of vanity for Trump to skip the now routinely accepted concession speech on Election Night, but that wouldn’t itself be reason enough to believe that our democracy is in crisis,” Foley writes. “The trouble would come if Trump really digs in. If he alone claims fraud while everyone else disagrees, then his solitary rants are more pathetic than dangerous. But if the Republican Party as a whole joins Trump in asserting that the results of the election were tainted (unlikely as it seems), that would be an entirely—and far more serious—matter.”

Daniel P. TokajiThe Election Isn't 'Rigged,' but It's Going to Be Messy as Hell
Oct. 21, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in VICE about the controversial role that secretaries of state play during election season.

"It's certainly not a best practice," Tokaji said. "If you look at other democracies, they think the way we run elections is crazy, with a partisan secretary of state. There's an inherent conflict of interest between a responsibility to run elections fairly and their partisan interest in helping the party that helped her get elected to office."

Edward B. FoleyElection-rigging rhetoric hints at Trump's post-election plans
Oct. 21, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Globe and Mail about the election of 1876, one of the last (and most) hostile presidential transitions in history.

“In the U.S., we definitely don’t have perfect institutions and we don’t have perfect virtue among politicians. We have been fortunate for a century or so to have an adequate supply of both,” Foley said. “I would like to think that no one individual can destroy the system as a whole.”

Edward B. FoleyLaw Professor Recounts U.S. Disputed Elections
Oct. 20, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Harvard Crimson following his presentation at the Kennedy School’s Ash Center for Democratic Governance and Innovation. Foley discussed his book, “Ballot Battles: The History of Disputed Elections in the United States.”

“If we take the full sweep of history, we can see that there is general forward progress with elections,” Foley said. “As a society, we are so much better in the 21st century than we were in the 19th.”

Edward B. FoleyAnalysts: Trump's Reluctance to Accept Vote Result Unprecedented
Oct. 20, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in Voice of America about the implausibility of statewide election rigging this year, including the “miniscule” risk of voter impersonation across the country.

"And it's especially unlikely with respect to presidential elections because the way presidential elections work is that they are 50 different state elections,” Foley. “It's not just one big national election. The risk of this is exceedingly low, but it's not zero."

Daniel P. TokajiVoting rights and rigged elections
Oct. 20, 2016
Featured Expert: Daniel P. Tokaji

 

Professor Dan Tokaji was quoted in the Montgomery Advertiser about noted civil rights attorney Fred Gray, whose work to combat disenfranchisement helped shape the civil rights movement.

Two of Gray's cases, Gomillion v. Lightfoot (1960) and Smith v. Paris (1966), “laid the groundwork for change,” Tokaji said.


 

Edward B. FoleyElection Law Expert: Rigged Election 'Extraordinarily Unlikely'
Oct. 18, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley appeared on NPR’s Morning Edition to discuss the historical context of rigged elections and the unlikeliness that the general election will be tampered with this year.

“That state would have had to have been targeted ahead of time for rigging, and the attempt to rig it would have to go undetected. That's a lot to happen systematically and under the radar screen,” Foley said. “The new phenomenon is the risk of a cyberattack, and again, I think the risk of that is very low — as long as the voting machines are not hooked up to the Internet, and most states — as I understand it — most states do not hook up their vote-tabulating equipment to the Internet.”

Edward B. FoleyPresident Obama To Donald Trump: 'Stop Whining'
Oct. 18, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in NPR following a recent press conference given by President Barack Obama that criticized Donald Trump’s election rigging rhetoric. It is "extraordinarily unlikely” that any sort of rigging will occur this election season, Foley said. His interview originally appeared on Morning Edition.

Edward B. FoleyJon Husted says voting is safe in Ohio despite talk of rigged election
Oct. 17, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Columbus Dispatch about how it is virtually impossible to rig the election in Ohio. Administrative errors—like the butterfly ballots used in Florida in 2000—present a much greater risk than rigging, he said.

Daniel P. Tokajihttp://abcnews.go.com/Politics/donald-trump-attacks-republicans-dare-play-rigged-rhetoric/story?id=42856781
Oct. 17, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in ABC News about the effects of Donald Trump’s continuous claims that the general election is rigged.

"On one level this is pre-emptive a-- covering. Trump seems to be preparing an excuse for what seems likely to be a defeat," Tokaji said. "On the other hand, it's very damaging when the losing side or some members of the losing side believe not that they really lost but somehow they were cheated. It tends to undermine public faith in our democracy and the legitimacy of democratic elections."

Edward B. FoleyTrump May Have Already Done More Damage Than Nixon
Oct. 17, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley’s book “Ballot Measures” was mentioned in Notes, a running blog featured on The Atlantic's website. One reader cited Foley’s historical account of the 1960 presidential election, during which votes were allegedly rigged in Texas and Illinois to elect John F. Kennedy. The post, “Trump May Have Already Done More Damage Than Nixon,” appeared on Trump Nation, an ongoing discussion moderated by James Fallows, a national correspondent for The Atlantic.

Edward B. FoleyHow to dump Trump? Pundits, academics and political junkies looking for the answer
Oct. 14, 2016
Featured Expert: Edward B. Foley

A recent article written by Professor Edward Foley for Politico was quoted in the National Post, a Canadian newspaper. Both articles describe the ways in which the Republican Party could use the Electoral College to oust GOP presidential nominee Donald Trump.

 

“It all seems so strange as to be pure fantasy,” Edward Foley, professor of law at Ohio State University and author of “Ballot Battles: The History of Disputed Elections in the United States,” wrote in Politico. “But think back before this presidential election. So much of what has transpired would have been dismissed as lunacy if anyone had dared to predict what actually has happened.”

 

 

Daniel P. TokajiEarly voting underway in Ohio
Oct. 12, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an ABC 6/Fox 28 news story on the start of early voting in Ohio. According to the article, the Franklin County Board of Elections expects roughly 250,000 people to vote before election day, which means it could make it more difficult for candidates to try and convince some voters to support them at the last minute.

"At this point, the hardcore Trump voters are going to vote for Donald Trump regardless and the hardcore Clinton voters are going to vote for Hillary regardless," Tokaji said. "Anything that happens is extremely unlikely to change their minds."

Daniel P. TokajiWhat's 'rigged' and 'not rigged' in Trump's world
Oct. 12, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an ABC30 news article about presidential nominee Donald Trump's warnings of rigged outcomes in November's general election. According to the article, experts questioned by ABC News said such fears are largely unfounded.

"But whatever he meant, there is no realistic possibility of the 2016 general election being rigged," Tokaji told ABC News' Lauren Pearle earlier this year. "Voter fraud is extremely uncommon, nowhere near the scale that would change the result of a presidential election in any realistic scenario."

Edward B. FoleyHere are the ways Republicans could upend Trump. But it’s unlikely either would work.
Oct. 8, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Washington Post about how if GOP presidential nominee Donald Trump refuses to step down before the election, state electors could abandon him and vote for an alternative Republican candidate instead.

“The Supreme Court has never settled the question of what happens if the electors vote on Dec. 19 contrary to what the state vote assumes they will,” he said. “What really matters is what gets sent to Congress on Jan. 6.”

Although some state laws require electors to vote for a candidate based on popular vote, the possibility exists that some electors could eschew state law regardless, The Washington Post reports.  

“My big takeaway is that founders did not prepare us for this,” Foley said. “We do not have the adequate constitutional infrastructure to handle this kind of scenario.”


 

 

Edward B. FoleyHere are the ways Republicans could upend Trump. But it’s unlikely either would work.
Oct. 8, 2016
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in an article that appeared in the Washington Post and Salt Lake Tribune that discussed two possible, but unlikely, scenarios in which a Republican alternative to Donald Trump could emerge in this year's presidential election.

Foley said one of those options would include Republicans abandoning Trump and spending the next several weeks urging electors to vote for an alternative candidate. While many electors are bound by state law to vote for the candidate selected by the popular vote on Nov. 8, there is precedent for “faithless” electors who have bucked that requirement. And it is unclear what legal remedies there would be to force them to comply.

"The Supreme Court has never settled the question of what happens if the electors vote on Dec. 19 contrary to what the state vote assumes they will,” he said. “What really matters is what gets sent to Congress on Jan. 6.”

“My big takeaway is that founders did not prepare us for this,” Foley said. “We do not have the adequate constitutional infrastructure to handle this kind of scenario.”

Edward B. FoleyWhat Happens If Donald Trump Withdraws?
Oct. 8, 2016
Featured Expert: Edward B. Foley

Professor Ned Foley was mentioned in an article that appeared on Slate discussing what would happen if presidential candidate Donald Trump withdrew from the election. The piece went on to state that whether or not Trump decides to pull out of the race, there is another option by which Republicans could select a different candidate: the Electoral College.

"When we cast our votes for president, they are actually cast for electors from each state (based roughly on population size) who then cast ballots for president. If Trump is chosen in some states, those electors could vote for Mike Pence, or Mitt Romney, or John Kasich, or whoever. There are some laws that bar “faithless” electors from casting votes for anyone who did not win the popular vote in a state, but I have a hard time believing either the Republican-controlled House or a court (because it raises a political question) would stop the actions of a faithless elector" the article states.

"Ned Foley games out how conflicts would work under the 12th Amendment; the bottom line is that if Trump got more votes than Clinton and Republicans retained control, we could well end up with a President Pence. (When no one gets a majority in the Electoral College, the House votes on a one-state-delegation-one-vote rule.)"

Daniel P. TokajiWhy Did Indiana State Police Raid A Voter Registration Group's Office?
Oct. 5, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in Talking Points Memo after state police raided the Indianapolis office of the Indiana Voter Registration Project. While an ongoing investigation is probing whether the group fraudulently registered voters, Tokaji said a police raid so close to the election could drastically suppress voter registration drives.

 

"My concern is it is going to intimidate people who are registering people to vote," Tokaji said. "There is nothing that affects turnout on Election Day more than voter registration. Voting registration is really the big thing. If you make it more difficult to register, you will decrease the number of people who vote. ... These sorts of law enforcement activities are extremely worrisome."



 

 

Edward B. FoleyPolitico: Trump Holding Out Election Night Would Not Be That Suspenseful
Oct. 1, 2016
Featured Expert: Edward B. Foley

Excerpts from an article written by Professor Edward Foley for POLITICO were quoted in Newsmax.

"The lesson of our own history is that the republic is not at risk if the appropriate concession is forthcoming at that point," Foley writes. "On the other hand, if the official and final certification of the results comes and goes without the closure of a concession, or its functional equivalent from a wide array of party leaders on the losing side, then that would be the time to worry.”

September, 2010

Daniel P. TokajiHow Hillary Clinton’s Allies Are Expanding the Vote Behind the Scenes
Sep. 29, 2016
Featured Expert: Daniel P. Tokaji

 

Professor Dan Tokaji was quoted in TIME about Democratic efforts to increase Hillary Clinton’s potential voter base, like Gov. Terry McAuliffe’s  move to re-enfranchise around 59,000 ex-felons in Virginia. Additional tactics, including increasing the number of polling sites across swing states, could also help Clinton clinch November's vote.

 

“Both parties are clearly trying to do what they can do to help their voters vote and help their side win,” Tokaji said. “That’s the agenda of political campaigns.”

 



 

April, 2010

Daniel P. TokajiAn Obscure Ohio State Law Could Shake Up the Republican Convention
Apr. 14, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

Daniel P. TokajiDistrict Fight May Persist in Texas After Supreme Court Ruling
Apr. 4, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a New York Times article on voter ID laws:

 "'The big case isn’t this case, but the next case,' said Daniel P. Tokaji, a professor at Ohio State’s Mortiz College of Law and an authority on elections law.

 

 

 

Constitutional issues are at stake in this and other voting-rights debates. But the political ramifications are impossible to ignore. Dividing political districts into roughly equal numbers of people gives children and nonvoters an equal share of representation. If district boundaries were drawn counting only eligible voters, areas with large numbers of children — often low-income or immigrant neighborhoods — would find their political power diluted as their districts were enlarged to capture more adults."
 

March, 2010

Daniel P. TokajiOhio's election laws under scrutiny as focus shifts to fall
Mar. 19, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Associated Press article on Ohio's election laws:

"There are always new issues that arise as the election approaches, especially in Ohio, given that we're a perpetual swing state," said Dan Tokaji, an Ohio State University law professor.

 

Daniel P. TokajiConvention fight has risks for GOP
Mar. 19, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji talked to the Dayton Daily News about what might happen during a contested convention:

“It’s going to be a street fight,” said Daniel Tokaji, Ohio State University law professor who is an expert on elections law.

Daniel P. TokajiForget favorite candidates, some people voting strategically
Mar. 15, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Associated Press article about why and how people are voting strategically in the primary election:

"Democrats who choose to vote in the Republican primary but don’t support the party’s policies 'are committing election falsification by stating that they do in fact support those principles,' says law professor Dan Tokaji, an Ohio State University election law expert. 'Will they be prosecuted? Almost certainly not.'”

 

Daniel P. TokajiPennsylvania Judge Rules That Ted Cruz is Eligible to Run for President
Mar. 11, 2016
Featured Expert: Daniel P. Tokaji

An essay by Professor Dan Tokaji, originally posted on his Election Law Blog, was cited in The Wall Street Journal's "Law Blog."  The essay was about whether or not Ted Cruz is eligible to run for president:

There’s no consensus in the legal community on the meaning of “natural born citizen.” But some scholars, most notably Ohio State University law professor Daniel Tokaji, have observed that state court could be where a court action opposing Mr. Cruz’s place on the ballot has the best shot of going somewhere.

The reason is that state courts have less stringent standing requirements for bringing a lawsuit than federal courts. Mr. Carmon could object to the nomination petition of Mr. Cruz in state court just by being a registered Republican voter.

“Fortunately for skeptics of Senator Cruz’s eligibility, there’s at least one state where a challenge could still be brought,” wrote Mr. Tokaji in a February essay posted on Election Law Blog. “Pennsylvania will hold its primary on April 26. The last day for candidates to file nominating petitions was yesterday, February 16.”


 

Edward B. FoleyNorth Carolina Exemplifies National Battles Over Voting Laws
Mar. 10, 2016
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a New York Times article recently, on the topic of voting laws:

“This issue is in limbo,” said Edward Foley, a law professor at Ohio State University.

Even though they are in control, some Republicans join Democrats in saying the process has to change. After the new maps were approved by the General Assembly, Mr. McCrory reiterated his desire to see districts drawn in a less partisan way.
 

Daniel P. TokajiNine teenagers file lawsuit against Secretary of State over right to vote in primary
Mar. 8, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a10TV story about teenagers' right to vote in the primary election:

But others disagree. Dan Tokaji is an election law professor at Ohio State and says Husted is dead wrong in his interpretation.

He says he's read the statute and says he believes a 17-year-old who turns 18 in November does have the right to vote for president in the primary and should not be limited to just congressional or senatorial races.

“I think the Secretary Of State and his lawyers should read what the statue says. It says 17-year-olds at the time of the election are entitled to vote in a primary election. The only question: is this a primary election? And it is,” Tokaji said.
 

Daniel P. TokajiPresidential field narrows after Super Tuesday
Mar. 2, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was interviewed by Columbus TV station ABC6 on the 2016 presidential race:

"Super Tuesday clarified that Donald Trump is in the driver's seat in this race," said Dan Tokaji, a law professor at Ohio State.

February, 2010

Daniel P. TokajiPost-Scalia supreme court could start to turn tide on voting rights restrictions
Feb. 23, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Guardian article on how the post-Scalia supreme court could start to turn the tide on voting rights restrictions:

“It’s starting pretty much immediately,” said Dan Tokaji, an election law specialist at Ohio State University’s Moritz School of Law. “You’re going to start seeing cases challenging voting rules like you do in every election … These cases tended to be decided on a 5-4 vote, so Justice Scalia’s absence could be very important.”

Daniel P. TokajiScalia's absence could shape election rules
Feb. 17, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Politico article on redistricting cases, voter ID challenges, and the post-Scalia Supreme Court:

The 4th Circuit “just gave the Legislature a few days to draw a new map,” noted Dan Tokaji, an election law professor at The Ohio State University. “The justices may think that a little bit hasty.”


 

David  StebenneOhio's presidential drought, what caused it and what can end it
Feb. 11, 2016
Featured Expert: David Stebenne

Professor David Stebenne was quoted in a Cleveland Plain-Dealer article about Ohio's presidential drought:

"The more polarized political atmosphere has tilted the playing field against most Ohio politicians," said David Stebenne, a professor of history and law at Ohio State University. "They, like most Ohio voters, are more moderate than the country as a whole. It's become a lot harder for Ohio politicians to get a major-party nomination."

David  StebenneClinton, Sanders and the changing face of the Democratic Party
Feb. 9, 2016
Featured Expert: David Stebenne

Professor David Stebenne wrote an op-ed for The Conversation describing how a recent debate between Democratic Party presidential candidates Hillary Clinton and Bernie Sanders highlighted changes in the Democratic Party over the past half-century.

“Last week’s debate in New Hampshire between Hillary Clinton and Bernie Sanders over who is the “real progressive” said a lot about how they and the Democratic Party have changed over the past half-century,” Stebenne said.

“When Clinton and Sanders first came of age politically during the mid-1960s, neither was a natural fit for the Democrats as the party was then.

“Taking a look at how these two very different people and the party they now want to lead have evolved can help clarify the philosophical divide on display in the Democratic Party today.”

Daniel P. TokajiWhat would it take to find out for sure if Ted Cruz (or others like him) is eligible for the presidency?
Feb. 3, 2016
Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji's research was quoted in a Washington Post article:

The most common route for aggrieved partisans, in this case opponents of Cruz, are the federal courts. But the courts are unlikely to go near the question just because someone brings a lawsuit. If some gadfly, for example, were to sue in federal court to keep Cruz off the ballot, the chances of any judge stepping in to settle the question is close to zero. 

There’s little dispute about that according to, among many others, Ohio State University law professor Daniel P. Tokaji, writing in the Michigan Law Review.

Edward B. FoleyTrump Disputes Iowa Results, a Change of Tone After Second-Place Finish
Feb. 3, 2016
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Bloomberg Politics article on the Iowa caucuses:

Edward Foley, an election law professor at Ohio State University, said Trump hasn't shown any evidence that the Cruz campaign's statement about Carson affected a single vote, let alone how the candidates ranked.

“It's important to recognize that there may be some hyperbole and bluster here,” Foley said. “As far as I can tell, there's not even a single voter coming forward saying, ‘I would have voted for Carson instead of Cruz if I'd known Carson was in the race.’”

Even if Trump could demonstrate that the Cruz campaign's comments affected the outcome of the caucus, he'd still have to prove that Cruz had intentionally engaged in wrongdoing, according to the professor.

“It's very hard to void an election and get a new election. You'd have to prove wrongdoing that had a consequence of effecting the result,” Foley said, noting Cruz had apologized for his staff not following up with caucus-goers on the Carson reports. “That doesn't sound like it adds up to proving wrongdoing,” Foley said.

January, 2010

Edward B. FoleyArguments Over North Carolina Voter ID Law Begin in Federal Court
Jan. 25, 2016
Featured Expert: Edward B. Foley

Professor Edward B. Foley was quoted in a New York Times article about North Carolina's voter ID law:

“The North Carolina litigation is the leading litigation in the post-Shelby world,” said Edward B. Foley, an elections law expert at Ohio State University, referring to the Supreme Court’s decision in Shelby County, Alabama, v. Holder. “It’s the test case, the battleground case more than any other.”

Edward B. FoleyWinning the Close Ones
Jan. 23, 2016
Featured Expert: Edward B. Foley

Professor Edward B. Foley's book, Ballot Battles: The History of Disputed Elections in the United States (Oxford Press, 2016), was reviewed in the American Thinker.

Reviewer Richard Baehr wrote:

"There are many more stories in this book that provide colorful histories of individual ballot disputes through the nation’s two plus centuries. As Foley notes, there is no reason to think that the next big battle, whether for the White House or some other office, will be easily resolved. There is too much at stake, and the author believes the country has entered a more partisan era, where neither side may be so willing to live by the results, if they do not believe the results are accurate tallies."

 

Peter M. ShanePresidential Candidates, Silent on Presidential Power
Jan. 22, 2016
Featured Expert: Peter M. Shane

Professor Peter Shane was quoted in a New York Times article on presidential power and the 2016 election:

“I don’t think Hillary or Bernie or O’Malley want to say, ‘I promise not to be assertive in the use of executive branch authority,’ when they may have every bit as much trouble as Obama has had in getting Congress to work with them,” said Peter Shane, a constitutional law professor at Ohio State University.

Edward B. FoleyElection Disputes: No Bibles, and Lots of Swearing
Jan. 20, 2016
Featured Expert: Edward B. Foley

Professor Edward "Ned" Foley was quoted in a Jackson Free Press story about election disputes at the state level.

The article states:

"Edward Foley, an Ohio State University professor and author of the recent book 'Ballot Battles: The History of Disputed Elections in the United States,' said election disputes can get a little crazy—particularly at a state level. Foley said when the Legislature is resolving an election contest, the first question you have to ask is, 'Are they resolving the dispute on merit or letting partisan politics take over?'"

Daniel P. TokajiWho can settle Cruz eligibility question once and for all?
Jan. 1, 2016
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji's research was cited in a Fox News story about Ted Cruz and his eligibility to run for president:

So what about a congressional resolution? That could be seen as legally flimsy, according to a 2008 piece by Ohio State University Professor Dan Tokaji in the Michigan Law Review...

In his 2008 piece, which pre-dated the Cruz controversy, Tokaji wrote that the best route to challenging a presidential candidate's eligibility may be to head first to state courts. If any drama ensues, the case could then be on the glide path for a U.S. Supreme Court decision.

“In the event that a renegade state court rejects a candidate who is, in fact, eligible or that two or more state courts reach conflicting conclusions on a candidate’s eligibility, U.S. Supreme Court review should be available as a backstop,” Tokaji wrote.
 

December, 2010

Daniel P. TokajiWindow for an independent Trump bid is wide open
Dec. 17, 2015
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Politico article about the possibility of Donald Trump running as an independent. At this week’s GOP debate, Trump said that he’s no longer considering a third-party run. But his sporadic, strategic flirtation with an independent campaign has Republicans taking their poll leader’s commitment with a grain of salt.

But should he stumble in the Republican primaries and change his mind, Trump’s path to a nationally viable independent presidential bid faces three logistical obstacles: the cost of ballot access, early ballot access deadlines and “sore loser” laws in some states that are designed to prevent candidates who lose primaries from running outside their parties in general elections.

Though any Trump bid could face obstacles erected by state elections officials, they are surmountable, according to experts.

Already, in Ohio — where a Trump independent bid could sink the GOP’s chances at the presidency — the Republican secretary of state Jon Husted said on Monday that Trump would be ineligible to appear on the ballot as an independent because it was too late for him to credibly leave the party. “There is no way he could disaffiliate himself from the Republican Party in good faith for this election,” said Josh Eck, a Husted spokesman.

Experts have greeted Husted’s position with skepticism. “Good luck with that argument,” said Dan Tokaji, a law professor at The Ohio State University who specializes in elections. He said the issues that motivate independent presidential bids often don’t arise until deep into the primary calendar and that courts are very unlikely to uphold any restriction imposed this early in the cycle. Tokaji added that Ohio officials would be on firmer ground if Trump participates in Ohio’s March 15 primary before attempting to make the ballot as an independent. “There, at least, they would have a straight-faced argument to make,” he said.







 

 


 

Daniel P. TokajiDonald Trump can't run as an independent in Ohio, secretary of state's office says
Dec. 15, 2015
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Cleveland Plain Dealer article on whether Donald Trump could still run as an independent candidate in Ohio after he filed to run as a Republican presidential candidate in December. Secretary of State Jon Husted has stated the filing bars Trump from running as an independent under Ohio law.

However, Dan Tokaji, an Ohio State University law professor specializing in election law, said Husted's interpretation of the law is contradicted by a 1983 U.S. Supreme Court ruling on a case from Ohio.

In that case, Republican-turned-independent presidential candidate John Anderson was blocked from the 1980 Ohio general election ballot because he missed a statutory deadline to register as an independent candidate. The Supreme Court ruled 5-4 that Ohio's early filing deadline was unconstitutional.

Husted's office would keep Trump from running as an independent for a slightly different reason, "but it seems to me it's the same principle" as the Anderson case, Tokaji said. 

Daniel P. TokajiFewer donors give more to Kasich
Dec. 7, 2015
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about Republican Presidential Candidate John Kasich raising the most money of any presidential candidate in Ohio, even though many other candidates had more donors.

"It's not at all surprising that a candidate would raise the most money from his home state, where his base lies," said Dan Tokaji, an Ohio State University law professor and elections expert.

Daniel P. TokajiJustices take up meaning of ‘one person, one vote’
Dec. 4, 2015
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Associated Press article about the Supreme Court case Evenwel v. Abbott, which is challenging the way electoral districts are drawn in Texas. Rather than basing the maps on total population, including non-citizens and children who aren’t old enough to vote, states must count only people who are eligible to vote, the challengers say. They argue that change is needed to carry out the principle of one person, one vote. In general, areas with large minority or immigrant populations have more non-citizens and children.

The difference may be explained in terms of red and blue, said Ohio State University law professor Dan Tokaji.

“Blue states will surely continue to draw districts based on total population, but we can expect red states to choose a narrower metric, one that diminishes the voting strength of minority communities and others with large non-voting populations,” Tokaji said.

While redistricting typically takes place just after the census, some states might not wait for the 2020 census and instead try to draw new maps that would be in place until the next census, he said.

November, 2010

Daniel P. TokajiWhat Ohio's rejection of marijuana legalization tells us about direct democracy
Nov. 4, 2015
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Brookings Institute article on why marijuana legalization failed in Ohio.

Because voters have an instinctive dislike of monopolies, Ohio State law professor Daniel Tokaji argued that they were essentially faced with two questions on Issue 2 and Issue 3 respectively: “Do you like puppies?” and “Do you hate puppies?” At an event last Friday, he very confidently predicted that, given these framings, Issue 2 would pass while Issue 3 would fail, and he was correct.

David  StebenneCan Kasich win all 88 Ohio counties?
Nov. 4, 2014
Featured Expert: David Stebenne

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

Daniel P. TokajiSuper PACs Keep Candidates Afloat With A Little Help From Their Friends
Nov. 3, 2014
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Huffington Post article on the impact of SuperPACs in the Michigan Senate race as well as other key races nationally.

Large contributions to super PACs from family, friends and business interests to support candidates in their home states are not entirely new. In the past two electoral cycles, donors focused on one candidate routinely created their own groups to spend solely on that one election. Dan Tojaki, an election law professor at The Ohio State University's Moritz College of Law, has dubbed those custom-made groups "buddy PACs."

October, 2010

Daniel P. TokajiVoter turnout for governor’s race could break record lows
Oct. 25, 2014
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Mansfield New Journal article on expected low voter turnout in Ohio.

“I expect (turnout) to be quite low compared to other midterm elections,because the Democrats have a weak (governor’s) candidate,” said Dan Tokaji, elections expert and professor at The Ohio State University’s Moritz College of Law.

Daniel P. TokajiBig spending by parties, independent groups drowns airwaves in negative attacks
Oct. 22, 2014
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Washington Post article on the record amount of independent spending in this year's congressional races.

Independent groups are “doing a lot of the dirty work in campaigns, while at the same time making it more difficult for campaigns to control the message,” said Daniel P. Tokaji, an Ohio State University professor of election law who has studied such groups’ impact on congressional races.

Edward B. FoleyGOP Group Readies 1,000-Lawyer Army for Election Day
Oct. 22, 2014
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Bloomberg article on the chances key races will go into overtime and require recounts after the election.

"There's no perfect election, there just can't be. It's too big of a human system," says Edward B. Foley, the Director of Election Law at Ohio State University's Moritz College of Law. "To the extent that anything gets a little messy, that's where the lawyers come in."

Daniel P. TokajiWasserman Schultz says state's ID law struck down by Supreme Court
Oct. 14, 2014
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Politifact article on judicial rulings in Wisconsin and Texas on voter identification laws. Several Democratic candidates labeled the decision as "striking down" the laws, something Politifact called into question.

"It’s not accurate to say it was ‘struck down,’ but it’s understandable" given the New York Times headline and other media coverage, said Daniel P. Tokaji, an Ohio State University law professor and expert on election law.

Daniel P. TokajiOhio is no battleground for House races
Oct. 11, 2014
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a USA Today article on the lack of tight congressional races in Ohio during the November 2014 election.

Ohio's current congressional lines represent "a perfect partisan gerrymander," said Daniel Tokaji, a law professor at Ohio State University who is an expert on redistricting. "It's quite possible that these districts will remain controlled by the party that controls them now for the remainder of the decade, through 2022."

"The implication for voters is that the general election is a mere formality," Tokaji said. "We know the results as soon as the primary is over. ... So there's very little interest, and there's very little incentive for people to actually vote."

Daniel P. TokajiAppeals court dissenters blister state's voter I.D. law
Oct. 10, 2014
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Milwaukee Journal Sentinel article on the Supreme Court's decision to block Wisconsin's voter ID law for the Nov. 4 election. The ruling was not a full decision by the Court, which still could take up the case in the future.

"I don't think this is an indication of how the court will rule on the merits," Tokaji said.

Edward B. FoleyCourts Grapple With GOP-Backed Voting Limits
Oct. 10, 2014
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in The Wall Street Journal on several recent court decisions on Republican-backed measure to tighten state voting rules. Courts are grappling with new legal questions raised by the recent state voting restrictions, and with the effect of a 2013 Supreme Court ruling that struck down part of the Voting Rights Act in a case involving Shelby County, Ala.

“This is not the run-of-the-mill pre-election skirmishing,” said Ohio State University law professor Edward Foley. “What’s new is we’re seeing the voting wars play out in a post-Shelby County environment.”

Daniel P. TokajiCourt Decisions Scramble Elections in Final Weeks
Oct. 9, 2014
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a National Law Journal article on the impact of several recent court decisions on voter identification and other voting procedures.

It's not all that unusual to have a number of lawsuits popping up near an election, according to Dan Tokaji, a law professor at Ohio State University. But "courts making very late changes to the rules" is out of the ordinary, he said.

Daniel P. TokajiLittle change expected for Ohio's Congress seats
Oct. 9, 2014
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Akron Legal News article on the polls showing that Ohio's 16 U.S. incumbent U.S. House members are all likely to retain their seats.

"This is one of those cases when the conventional wisdom is absolutely right," said Daniel Tokaji, an Ohio State University law professor who's an authority on elections and voting rights. Tokaji said he doesn't see much chance for unseating incumbents "absent some major unforeseeable developments."

Daniel P. TokajiVote-Restriction Laws Line Up for Supreme Court Review
Oct. 1, 2014
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a National Law Journal article on the U.S. Supreme Court's decision to curtail early voting in Ohio.

"The Ohio law is significantly different from others being questioned," said election law scholar Dan Tokaji of Ohio State University Moritz College of Law. "It has restrictions on early voting and same-day registration and voting. It's not a voter ID law. The other states all involve voter ID laws along with other restrictions."

The article also talked about voter identification laws and whether the Supreme Court would take up a new case.

"On Section 2, a stronger argument for clarification of the law can be made, but I'm not sure that issue is quite ripe for Supreme Court review yet," Tokaji said. "The contours of the legal standard under Section 2 on vote-denial claims, as opposed to vote-dilution claims, have yet to be refined. When it comes to voter ID and registration restrictions, there's some uncertainty as to the precise legal standard that should govern."

 

Daniel P. TokajiSupreme Court could weaken voting rights — again
Oct. 1, 2014
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an MSNBC piece on the Supreme Court's likelihood to take up one of the four major voting rights cases before the courts.

“I’m very worried that the Supreme Court will take a case on the merits, and write an opinion that drastically constricts the right to vote,” said Daniel Tokaji, an election law scholar at Ohio State University. “I think that is a very real danger, given the conservative composition of this court, which has shown itself to be no friend to voting rights.”

Daniel P. TokajiFuture of Ohio’s Early Voting Period Uncertain After Supreme Court Stay
Oct. 1, 2014
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Ideastream article on early voting in Ohio.

“I think there’s reason for voting rights supporters to be very worried,” Tokaji said. “This is not a court that has shown itself to be a friend of the right to vote. That was evident in last year’s decision from Shelby County, Alabama, which struck down a key component to the Voting Rights Act.  It seems to me that if the U.S. Supreme Court gets its hands on one of these cases, further cutbacks to the right to vote are likely.”

June, 2010

Daniel P. TokajiScott Walker case shows growing closeness between politicians and wealthy allies
June 23, 2014
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article in The Washington Post about an investigation into allegations Wisconsin Gov. Scott Walker illegally coordinated fundraising efforts with outside conservative groups during his campaign. State and federal laws restrict candidates from sharing political strategy with outside organizations. Tokaji noted, however, it is sometimes difficult, based on the current laws, to prove what is coordination and what is simply cooperation between the parties.

“They are trying to do as much as they can to cooperate without illegally coordinating — which, in truth, is not that difficult to do, because the line for what counts as coordination is a particularly high bar,” he said.

 

February, 2010

Daniel P. TokajiOhio treasurer receives OK to host town halls
Feb. 20, 2014
Featured Expert: Daniel P. Tokaji

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.

Daniel P. TokajiVoters’ Bill of Rights blocked in Ohio
Feb. 19, 2014
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article from MSNBC about the battle in Ohio to create a "Voter's Bill of Rights." Ohio Attorney General Mike DeWine, along with other Republicans, opposes the movement, but Tokaji believes the objections are largely unfounded.

“The cited portions of the petition accurately state current Ohio law.,” said Tokaji via email. “In my view, the AG’s letter is really a reach.”

Daniel P. TokajiSuarez Corp. leader vows to remain fighter against all legal challenges
Feb. 2, 2014
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article from the Akron Beacon-Journal about the multi-million dollar lawsuit against Benjamin Suarez, who is accused of making illegal campaign contributions. Tokaji said it's tough to know exactly what the government's case consists of.

“It’s hard to say. If they’ve got witnesses, especially those in the company who will testify to what the government claims was going on, and there isn’t any evidence to contradict that testimony, then the government would seem to have a strong case,” Tokaji said.

January, 2010

Daniel P. TokajiShould politicians have the right to lie? U.S. Supreme Court could decide in Ohio case
Jan. 22, 2014
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article from the Cleveland Plain Dealer about an upcoming Supreme Court Case that could decided the legality of lying about a political opponent. The case, which stems from an Ohio election dispute, could have large ramifications, Tokaji said.

"The litigation “could ultimately become a really important case on false campaign speech and whether it can be regulated,” he said.

Daniel P. TokajiKeep GAB strong and independent
Jan. 5, 2014
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a staff editorial in the Wisconsin State Journal about the Government Accountability Board. The board, which is made up of former judges and is nonpartisan, is being audited and the editorial staff believes some politicians are looking for a reason to "undermine" it. Tokaji believes this would be a bad idea.

“The GAB is a national model,” he said, “and it would be a tragedy and a travesty if it were eliminated.”

 

December, 2010

Donald B. TobinCampaign Donation Credit Encourages Some Political Participation
Dec. 30, 2013
Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in a WCBE radio story about year-end political donations. Ohio, like some other states, offers a dollar-for-dollar tax credit for money given to candidates.

"We could have a political debate about whether this is good or bad. But I think that the people that are for it, are for it because it allows people to participate," he said. "Now, of course, the people who may take advantage of it may be more sophisticated taxpayers who know about tax credits."

Daniel P. TokajiGovernment Accountability Boardwalks a fine political line in state
Dec. 28, 2013
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article in the Wisconsin State Journal about some politicians' efforts to eliminate the Government Accountability Board, which oversees elections in the state. Tokaji believes this would be a mistake.

“It’s worrisome that we see partisan politicians on the warpath against the GAB. Worrisome but not surprising,” Tokaji said. “Wisconsin has a better system. It’s independent. It’s a model.”

Edward B. FoleyOhio partisans battle over voting laws
Dec. 15, 2013
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in article about the battle swirling around Ohio voting laws in an article from the Columbus Dispatch. While Foley said there are legitimate concerns that Republicans have used their power “for an effort to win an election and perhaps suppress turnout,” he also said the issue isn't clear cut.

 “Not every curtailment of early voting is suppression or voter disenfranchisement. Early voting doesn’t have to be five weeks long,” Foley said. “There could be nonpartisan justifications to cut back early voting, but you can’t tell if it’s valid if it’s done by an institution structured to favor one side.”

Edward B. FoleyThe downside of clear election laws
Dec. 4, 2013
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Washington Post about how the way election laws are written can affect whether they are held up by lawsuits. The best say to prevent this, Foley said, is to emphasize clarity.

“Put clarity at the top of the list of things to achieve, maybe before fairness or integrity or access or whatever, because litigators can’t fight over things that are clear,” he said, speaking on an election law panel during a multi-day conference hosted by the bipartisan National Conference of State Legislatures in Washington, D.C. “It’s amazing how much ambiguity kind of seeps into laws that is unintended.”

November, 2010

Edward B. FoleyHerring, Obenshain dig in for a fight in tight Va. attorney general race as the lawyers move in
Nov. 13, 2013
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a article by The Washington Post regarding the race for Virginia attorney general. As of Wed., Sen. Mark R. Herring (D-Loudoun) led state Sen. Mark D. Obenshain (R-Harrisonburg) by 164 votes out of more than 2.2 million cast.

Electoral boards in each locality checked their numbers and decided whether provisional ballots should count. Statewide, 3,158 provisional ballots were cast, 493 of them in the Fairfax Government Center.

GOP attorney Miller Baker argued that the votes cannot be taken out now, and Foley agreed.

“Usually, once a ballot has been counted and mixed into the pool, you can’t really retract it,” Foley said.

September, 2010

Daniel P. TokajiActivists Ask Judge To Block Rule Allowing Voter Purge ‘Scare Letters’
Sep. 6, 2013
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article on Talking Points Memo about the dispute of a rule that aims to remove names from voter rolls if an immigration database suggests they don't have the right to vote. Though Tokaji has not examined the case closely, he said the databases are not always accurate and could result in eligible voters being taken off voter rolls.

“There are just a lot of mistakes in these databases including voter registration rolls including mistyped addresses” or other basic information, Tokaji said.

Edward B. FoleyChris Matthews: Laura Ingraham Wrong About Voter ID Laws Being Nondiscriminatory
Sep. 1, 2013
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on News Busters on voter ID laws in Georgia. Despite the law and the worries some had about its effects on the voter turnout for minorities, data show that voter turnout for minorities actually increased faster than the population.

“It hasn’t had the voter-suppressing effect that some people feared,” Foley said. Conversely, he said, rhetoric about voter fraud has largely proven to be a “scare tactic” with little basis in fact.

August, 2010

Daniel P. TokajiStates, Justice Department girding for battle over voting laws
Aug. 23, 2013
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a McClatchy Newspapers article that ran in the Miami Herald and other newspapers about states' voter identification laws and the federal lawsuits that could result. A lawsuit in Texas could make it difficult for Congress to pass revisions to the Voting Rights Act, many argue. The key to finding a solution will be strategic thinking, they say.

"I'm sure the Department of Justice will pick its spots carefully," Tokaji said. "These cases aren't easy."

July, 2010

Daniel P. TokajiSupreme Court urged to review lobbyist’s conviction
July 19, 2013
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in The Hill about the appeal of a former associate of Jack Abramoff, Kevin Ring, who is arguing his conviction wrongly considered campaign contributions as evidence of bribery. A petition is going to the Supreme Court to argue his case. Ring argued when appealing his conviction earlier this year that the court should not have considered his legal campaign contributions as evidence he had corrupted public officials. Tokaji said there are some inconsistencies in the language of previous federal statues.

"This is a hard area to begin with. It's hard to draw clear lines in this area, but I think the Supreme Court could be clearer for what the standard for bribery and extortion should be," he said, adding that, with many cases nationwide caught on the ambiguity of a bribery definition, it would be a worthy case for the court to consider.

 

Daniel P. TokajiWhy voter ID won’t save the GOP
July 10, 2013
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a MSNBC article about voter identification laws. Last month’s Supreme Court ruling that weakened the Voting Rights Act has left voting-rights advocates and Democrats fearing that a possible of suppression tactics could keep poor and minority voters from the polls. However, Tokaji said there is little evidence implying that requiring an ID to vote will have a significant impact on voter turnout.

“The jury is still out on voter ID,” Tokaji said. “But its impact on turnout may not be as great as some opponents fear and some proponents probably hope.”

June, 2010

Daniel P. TokajiJustices ax portion of voting law
June 26, 2013
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article by The Columbus Dispatch about the U.S. Supreme Court's decision to strike down a part of the 1965 Voting Rights Act that requires some states to get federal approval before changing voting rules affecting minorities. Tokaji said the ruling may mean a rarely used portion of the law — Section 3, which allows courts to decide if new jurisdictions need Department of Justice permission to change their election laws —  now becomes more important.

“There’s a lot of pressure on Congress to protect the right to vote because this so obviously leaves the right to vote vulnerable,” Tokaji said.

Michelle  AlexanderJohnson: Disenfranchising felons hits minorities hardest
June 15, 2013
Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in an Athens Banner-Herald article from her book "The New Jim Crow." The article focuses on the disenfranchisement of felons in states like Virginia, where more than seven percent of the adult population cannot vote due to felony charges. In Virginia, Gov. Robert McDonnell is taking steps to restore the right to vote to nonviolent felons.

Alexander's book calls on the idea that disenfranchising felons affects minorities most. She calls voting-rights restoration processes a “bureaucratic maze” that is “cumbersome, confusing and onerous.”

Donald B. TobinIRS scandal could lead to better defining of nonprofit campaign rules
June 9, 2013
Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in a Lancaster Eagle Gazette article about the need to clear up certain rules in the Internal Revenue Service in order to more accurately determine if groups can be classified as social welfare groups. He said that while most groups are easily classified into the 501(c)(4) tax-exempt category, changes throughout the years have created some more difficult decisions for the IRS. He said when groups want to engage in political activity near an election, things get tricky.

In the article, Tobin said experts have been calling for improvements to the 501(c)(4) rules for a decade because there has been abuse by entities filing for the exemption. In addition, he said the IRS has shown it has been reluctant to enforce the rules and incompetent when it tried to do so.

“We need to figure out a way to fix it so people’s faith in non-partisan enforcement in our tax laws is restored while there’s a means of assuring that those provisions are not being abused,” he said.

Donald B. TobinKarl Rove's Crossroads GPS, Other Nonprofits Juggle Definitions Of Political Activity
June 4, 2013
Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted by the Huffington Post in an article about nonprofits which are under scrutinization after claiming to be social welfare groups despite involvement in political activity. The article touches on the idea that there are varied definitions of what political activity actually is, and what must be reported by these groups.

The article says the IRS rules -- the ones that matter for purposes of tax-exempt status -- lay out a more expansive, and more subjective, range of relevant political activity. To downplay their own campaign efforts, groups like Karl Rove's Crossroads GPS like to point publicly to only that political activity that falls under the Federal Election Commission's narrower, more circumscribed definition.

"The question is what definition are they using to determine whether their activity is political intervention," Tobin said.

May, 2010

Donald B. TobinShrinking scandal
May 31, 2013
Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in a Toledo Blade editorial about the "shrinking scandal" revolving around the Internal Revenue Service. The editorial focuses on the fact that while there was an uproar of opposition when news broke that the IRS was monitoring certain social welfare groups, the IRS actually should have been conducting these investigations. Many of the groups in question had strong political ties.

Tobin said although some of the IRS's methods were questionable, it is understandable that some of the groups were flagged for review.

“While some of the IRS questions may have been over-broad, you can look at some of these groups and understand why these questions were being asked,” he said.
 

Donald B. TobinThe IRS targeting of conservative groups: There's more to the story
May 28, 2013
Featured Expert: Donald B. Tobin

Professor Donald Tobin was interviewed on WTOP, a radio station in Washington, D.C., about the Internal Revenue Service's investigation into some social welfare groups flagged for possible heightened political involvement. Tobin said the investigation into some of these groups was justified based on their political activity, but the IRS went wrong by using partisan criteria to flag groups for further investigation.

"The key is the IRS shouldn’t be singling out groups for a partisan purpose. They shouldn’t be using a partisan criteria. But it also shouldn’t be avoiding the enforcement of the law," Tobin said. "And so what we needed was a non-partisan process that examined organizations, because there were a lot of organizations that were pushing the envelope regarding whether they were properly social welfare organizations."

Donald B. TobinGroups Targeted by I.R.S. Tested Rules on Politics
May 27, 2013
Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in a front-page New York Times article about groups scrutinized by the Internal Revenue Service because of political activity. While some groups lamented they were being investigated unfairly, the article sheds light on the fact that some of these groups were actually devoting a significant amount of their resources to supporting a political agenda. Tax experts and former IRS officials said these activities would provide a legitimate basis for flagging them for closer review, as Tobin notes in the article.

“Money is not the only thing that matters,” said Tobin, a former lawyer with the Justice Department’s tax division. “While some of the I.R.S. questions may have been overbroad, you can look at some of these groups and understand why these questions were being asked.”

Donald B. TobinSome tea-party groups examined by the IRS indeed crossed the line
May 27, 2013
Featured Expert: Donald B. Tobin

Professor Donald Tobin was cited in a Washington Post article about the Internal Revenue Service investigations into certain groups seeking tax-exempt status. While the IRS was initally criticized for its investigation into these groups, upon further consideration it has become clear that some of them were involved in overt political activity. Tobin backs up the point that some groups can be linked to activity that would lead for them to be flagged for closer review.

“Money is not the only thing that matters,” said Tobin, a former lawyer with the Justice Department’s tax division. “While some of the I.R.S. questions may have been overbroad, you can look at some of these groups and understand why these questions were being asked.”

Donald B. TobinHow Did The IRS Get The Job Of Vetting Political Activity?
May 20, 2013
Featured Expert: Donald B. Tobin

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you are going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

Daniel P. TokajiOhio Republicans Push Law To Penalize Colleges For Helping Students Vote
May 17, 2013
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Talking Points Memo article about a bill proposed by Ohio Republicans that would restrict Ohio public universities from providing residency documents to students used to help them vote. Ohio law requires voters to have lived in Ohio for at least 30 days immediately before an election, while public schools require students to have "gone to an Ohio high school or have a parent or spouse who lives or is employed in the state prior to enrollment," the story says.

Essentially, if the law passes, schools giving out-of-state students documents to prove residency in Ohio 30 days before an election, the schools would also have to consider the out-of-state students as Ohio residents and charge them the same tuition price as in-state students. Tokaji said the law is a blatant attempt at voter repression by Republicans and called it "shameful."

“The way that they’ve written this bill makes it clear that its only purpose is to suppress student voting,” he said. “What I’d say to the Republican Party is this is not only a shameful strategy, but it’s a stupid strategy because, you know, the Republican Party already has a signifcant problem with young voters. They’re on the verge of losing a generation of voters. Their path to victory is not to suppress the student vote, but to win the student vote.”

Donald B. TobinA Fine Line Between Social and Political
May 16, 2013
Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in a New York Times article about the law regarding investigation by the Internal Revenue Service into social welfare groups. The article circulates on Section 501(c)(4) groups (tax-exempt social welfare groups classified as having no political affiliation), which are defined by the tax code as “civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare.” However, a 1960 law states that these groups can intervene in politics as long as their primary focus is on social welfare.

Tobin argues that the tax law actually defines political advocacy much more broadly, “using a facts and circumstances” test that political ads placed by Section 501(c)(4) groups would fail.

Daniel P. TokajiEXCLUSIVE: Voter fraud, or just errors?
May 15, 2013
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”

Donald B. TobinHow IRS Review of U.S. Nonprofits Erupted Into Scandal
May 14, 2013
Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in a Bloomberg Businessweek article about a scandal caused by the Internal Revenue Service’s review of political nonprofit groups. IRS employees had used keywords such as "patriot" and "Tea Party" to flag groups for extra scrutiny. In March 2010 a surge in Tea Party activism had led groups to form across the country, and some applied to the IRS to become 501(c)(4) organizations or social welfare groups.

Tobin said the benefits of 501(c)(4) status mean that the IRS can’t simply look at the organization’s stated purpose.

“You’re trying to get behind what people are saying and make sure what people are saying is really the truth,” he said. “That can seem very invasive but at some point it needs some kind of information about the group to determine whether it’s valid or it’s not.”

Donald B. TobinFuror could result in less IRS scrutiny of political advocacy groups
May 14, 2013
Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in an NBC News article about the Internal Revenue Service's scrutiny on certain types of independent advocacy groups. Such groups were flagged by the IRS for further investigation for if they had names such as "Tea Party."

Tobin, an expert on how tax laws apply to political activity, explained that “the IRS is always in a very precarious position” in trying to enforce rules on 501(c)(4) organizations since “whenever a group is being investigated, it may complain that it is being done for political reasons.”

He went on, explaining that “the IRS needs some way of culling through the mass of information that they get” in order to figure out which groups need further scrutiny. “The IRS does need some sorting device.” But, he said, “I wish the IRS had looked for a neutral term like ‘party’ rather than ‘Tea Party.’”

Michelle  AlexanderCoAS hosts ‘New Jim Crow’ author
May 10, 2013
Featured Expert: Michelle Alexander

Professor Michelle Alexander was quoted in an article in The Triangle, the student newspaper at Drexel University, about her book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness. Her book focuses on the targeting of black men during and following the war on drugs.

“I’m now interested in supporting people who are engaging in activism and organizing in their community. I’m praying that people will continue to do community organizing and advocacy in ending the drug war and abolishing all these forms of racial discrimination on these people who just got out of prison. … It’s possible. It just requires people in all of these communities saying, ‘We no longer want to send people to jail for minor drug offenses. We want to have rehabilitation. We want a public-health approach, not a cruel justice approach,’” Alexander said.

Daniel P. Tokaji3 voting bills to get day in court
May 8, 2013
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Trib Total Media article about a bill that would allow citizens to vote up to 15 days before Election Day. Proponents of the bill support it for being more conducive to modern life, allowing voters more of a chance to cast their ballots. Tokaji touched on the idea that same-day registration could be a key element to increasing voter turnout as well, while he said not all politicians would support that idea.

“Some politicians don't want more people voting,” he said. “Generally speaking, more Republicans oppose (same-day registration) because they worry that it will have a more beneficial impact on Democrats, but actually the evidence doesn't show that to be the case either.

“It'll help whichever party is able to better mobilize their voters,” Tokaji said.

March, 2010

Edward B. FoleySupreme Court to Hear Challenge to Arizona Voter ID Law
Mar. 18, 2013
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on ABCnewsradioonline.com regarding the Supreme Court case challenging the Arizona voter ID law. "The case is intrinsically important,” says Foley, “because it asks whether a state can add a requirement to prove U.S. citizenship at the time of voter registration, beyond what the federal government requires under the NVRA”.

February, 2010

Daniel P. TokajiConference to tackle lobbying and campaign finance
Feb. 21, 2013
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article by the University at Buffalo The State University of New York regarding the Campaign Finance Conference. "The regulation of lobbying is a cutting-edge issue in the law of elections and politics,” said Tokaji. “Election Law Journal is excited to have the opportunity to publish papers on lobbying and campaign finance by leading scholars from around the country."

Daniel P. TokajiResignation of Pope Benedict XVI demands a close look at rules of modern papal election
Feb. 13, 2013
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a journal article in the Election Law Journal about the possible election law questions that surfaced with the resignation of Pope Benedict XVI. ""The resignation of Pope Benedict XVI brings into the public spotlight the longest-standing system for conducting elections for the head of any institution on earth. Professor Baumgartner's article offers a lively and accessible summary of the development of the rules for papal elections, a must read for anyone interested in this important topic," he said.

January, 2010

Daniel P. TokajiGOP’s electoral vote scheme likely illegal in Virginia
Jan. 25, 2013
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji weighed in on an article in MSNBC about a possible scheme in Virginia to rig the Electoral College in favor of Republicans.

“I think there’s a very strong argument to be made that this change has a retrogressive effect on African-American voters in particular and perhaps Latino voters as well,” Tokaji said.

December, 2010

Edward B. FoleyBeyond 2012: Are voter ID laws here to stay?
Dec. 27, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted by The Bay State Banner in an article about one of the most contentious issues of the most recent election season: voter identification laws. More than 30 states introduced some sort of legislation in 2011 and 2012. Asked if we could see another wave of legislation over voter ID laws, Foley said it's difficult to tell.

“What we don’t know is if from 2013 to 2014, we’re going to see that same phenomenon at that same level,” said Foley, the director of the Election Law @ Moritz program.

November, 2010

Daniel P. TokajiElection law expert outlines lessons of 2012
Nov. 30, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article in the Cincinnati Enquirer about what Ohio has learned from the November 2012 election. “In the U.S. the burden [of registering to vote] falls on the voter, whereas in most other countries the government takes affirmation in making sure every voter is [registered],” he argued.

Daniel P. TokajiTokaji to deliver O’Hara Lecture on voting rights issues
Nov. 22, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji will be delivering the annual O’Hara Lecture on Law and Politics Thursday, Nov. 29. “There’s been no year in which this critical role has been more evident,” says Tokaji. “In a number of states, legislatures and election officials got too greedy in their efforts to make it more difficult to vote and have their votes counted. And the courts pushed back, sometimes relying on the U.S. Constitution, sometimes the Voting Rights Act, sometimes state constitutions.”

Edward B. FoleyRemember that Provisional Ballot Problem?
Nov. 20, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The American Prospect about the complications Ohio's provisional ballot system still faces. “I think Ohio dodged a proverbial bullet,” said Ned Foley, the head of Ohio State’s Moritz Law Center. Still, Foley is quick to point out, “The focus has gone away but that doesn’t mean the vulnerabilities don’t exist.”

Edward B. FoleyDems, Latinos protest provisional-ballot use
Nov. 9, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The Arizona Republic regarding laws surrounding provisional ballots and how they will count in the 2012 presidential election. "We have to realize that we're adding this risk or this wrinkle into the system," said Edward Foley, an election-law expert and law professor at Ohio State University. "As long as they get counted in the end, those ballots will count like every other ballot."

Daniel P. TokajiObama, others push for an overhaul of Florida's elections system after long waits
Nov. 8, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article by the Tampa Bay Times about the exceptionally long lines that affected voting in Florida on Election Day 2012. "I'm hesitant to say what went wrong," said Daniel Tokaji, a law professor and elections expert at Ohio State University. "But the president is right, we do need to fix this. In the long run, this will dampen turnout if it takes this long to vote."

Edward B. FoleyAnalysis: U.S. battle over ballots averted, but not forever
Nov. 7, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article by CNBC regarding Ohio's early voting rules and provisional ballots and what will happen in the future. "In some ways it's analogous to the military," he said. "Lawyers are preparing for the last war and what the next war would be."

Daniel P. TokajiPolling locations cause confusion for some Ohio State voters
Nov. 7, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in The Lantern about polling location confusion among Ohio State students. “(The county) wouldn’t necessarily be looking to Ohio State’s boundaries in ascertaining where the precinct boundaries would be,” Tokaji said

Steven F. HuefnerEyes on Ohio, Obama re-elected for four more years
Nov. 7, 2012
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article by The Lantern about the time the presidential race was called on Nov. 6, 2012. “It’s an advantage to our national government to be moving forward now as opposed to waiting,” he said. “I’m sure that this is a relief to the American public that it’s over.”
 

Daniel P. TokajiSnafus, long waits abound at polling places
Nov. 7, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in the Boston Herald about what the long lines on Election Day 2012 meant for the voting public. “In a sense, this could be a good thing. It’s a signal there are a lot of people turning out,” Tokaji said. “But boy, the problem with lines in this election, impressionistically, seems a lot worse than four years ago.”

Edward B. FoleyAnalysis: U.S. battle over ballots averted, but not forever
Nov. 7, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Chicago Tribune regarding the law suits that have and will occur from the 2012 presidential election. In some ways it's analogous to the military," he said. "Lawyers are preparing for the last war and what the next war would be."
 

Steven F. HuefnerOhio in this year's election could be the Florida of 2000
Nov. 6, 2012
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in a blog post on Crain's Cleveland Business regarding the possible similarities between the 2000 presidential election in Florida and this year's presidential election in Ohio. "There is no federal statutory law that creates the same sort of election contest as under Ohio law," Prof. Steven Heufner of Ohio State University's Moritz College of Law tells the publication.

Steven F. HuefnerOhio Election Law Quirk Could Play Big Role if Vote Tally Sparks Court Fight
Nov. 6, 2012
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article in the Connecticut Law Tribune about election laws in Ohio that could have an effect on voting outcome. "At some point,” says Huefner, “when there is enough of a case to be made that something has gone wrong that affects the election outcome, people will sit up and take notice that state courts can't consider this.”

Edward B. FoleyOhio's complicated process for counting provisional ballots could decide the presidency
Nov. 6, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The Plain Dealer about law regarding provisional ballots in Ohio and the role those might play in the 2012 presidential election. "That will get dicey," said Edward Foley, director of Election Law @ Moritz, a program at the Ohio State University’s Moritz College of Law. "That just shows a structural weakness in our system."

Edward B. FoleyOhio Legal Showdown?
Nov. 6, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The American Prospect about the possible court cases that may arise from election law in Ohio. “It’s not like there are seven different things that might happen on November 7,” Foley said. “It’s like we’re at a fork in the road, and we could go down this path or that path. And if we go down the second path, then a few days later we meet another fork in the road.”

Daniel P. TokajiElection Day legal jitters
Nov. 6, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article on Politico about the number of provisional ballots expected in Ohio. “If we’ve got a margin that’s over 100,000 votes [in Ohio], none of this stuff will matter,” said Dan Tokaji, a law professor at Ohio State University. “Over 50,000 votes, it probably won’t matter. But if we’ve got an election margin in the low tens of thousands on election night, especially with [Mitt] Romney ahead by the low tens of thousands, then in that situation provisional ballots will matter, and these fights could make a difference in terms of who’s president."

Edward B. FoleyOhio Candidate Sues to Block Electronic Voting Machines
Nov. 6, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was cited in an article on Bloomberg News Service regarding Green party candidate Robert J. Fitrakis's attempt to block electronic voting machines. Voter rights advocates and lawyers for the candidates may initially head to court to keep polls open longer because of machine breakdowns, to make up for Hurricane Sandy’s aftermath, or to bar partisan poll-watchers challenging the rights of some to vote, said Edward Foley, a law professor at Ohio State University.

Edward B. FoleyElection overtime: A winless Wednesday?
Nov. 6, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on Press TV regarding the possibility of a delay in election results for the 2012 presidential election. “If litigation doesn’t kind of take over and have a life of its own, you can imagine not knowing the answer for a week or two,” Foley said. “If they keep fighting after certification, all bets are off until you get to the December deadline set by federal law.”

 

Daniel P. TokajiIn Case of a Recount, a Long Wait for Ohio
Nov. 6, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in The New York Times about the possible delay caused by a recount in Ohio for the 2012 presidential election. “We’re expecting 200,000 or more provisional ballots — that’s more than New York or California — and that means that an election is contestable here with a margin in the low tens of thousands of votes,” Tokaji said.

Steven F. HuefnerStudent volunteers answer help lines, monitor balloting on election day
Nov. 6, 2012
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article in the Legal Times regarding the role students play in the 2012 presidential election on Election Day. "As a team, we're collecting the most significant election events and analyzing them on our website," said professor Steven Huefner. "Thus far, it has been like most other elections, with scattered problems around the country."

Edward B. FoleyFive things that could go wrong on Election Day in Florida
Nov. 5, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Tampa Bay Times about what might go wrong in Florida on this Election Day. "In close races, an entire state's elections process goes under the microscope," said Ed Foley, an Ohio State University law professor and elections expert. "With that type of scrutiny, things always turn up."

Edward B. FoleyPresidential Election Seen Spurring New Wave of Lawsuits
Nov. 5, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Bloomberg News about lawsuits during the presidential election. “You can’t have a recount until you do a canvass and you can’t do a canvass until you verify the provisional ballots,” Foley said in an interview. “An election might be too close to call until they go through the process.”

Edward B. FoleyLawyers for both parties ready to challenge results
Nov. 5, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Boston Globe regarding possible law suits due to the potential close call of this presidential election. “The analogy to warfare makes sense; the Pentagon is always improving its weaponry,” said Edward B. Foley, an Ohio State University law professor and an expert on election law. “Something of the same thing is going on in the legal battles. You just accumulate experience and sophistication in how to think about what to do.”

Edward B. FoleyMajor changes loom for Minn. election law if voter ID passes
Nov. 5, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on Minnesota Public Radio about the importance of voter-ID. "For many voters, you know, what's the point?" Foley said. "They read in the newspaper the next day that the elections are decided, and so on and so forth. They live busy lives and don't bother to rectify their ID."

Edward B. FoleyPresidential campaigns set to challenge results in neck-and-neck races
Nov. 5, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on AZCentral.com regarding the need for campaign lawyers during this presidential race. “One thing both sides are thinking about is what court to file in, state or federal? And do you go to court, or do you work through the administrative process?” said Edward Foley, who directs the election-law institute at the Ohio State University’s Moritz College of Law

Steven F. HuefnerAmerica Braces for Election Squeaker
Nov. 5, 2012
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article in RIA.ru about the election being too close to call. “If there’s an issue anywhere that requires a careful examination of [US] electoral processes, it will likely reveal the fact that voting today remains an incredibly complex process run on a shoestring budget basically by volunteers,” said Steven Huefner, a professor at Ohio State University’s Moritz School of Law.

Edward B. FoleyProvisional ballots may turn presidential election
Nov. 5, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on WKSU.com about the presidential election and the role Ohio plays. “Historically Ohio ends up counting most of the provisional ballots that are cast - in some years it’s 70 percent and as high as 80 percent in one year. So the majority end up being verified and count just like any other vote.”

Edward B. FoleyLawyers descend on Ohio - just in case
Nov. 4, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Cincinnati Enquirer about lawyers being necessary to come to a decision on who the next president will be because of a close race. That issue, Ohio State University law professor and election-law expert Ed Foley notes wryly, “can look very different the morning after the election than the day before.”

Daniel P. TokajiProsecution of double voting is rare in Ohio
Nov. 4, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in the Newark Advocate about the frequency of prosecution of double voting. “It’s not that it never happens, but proven instances are quite rare,” said Daniel Tokaji, an election law professor at Ohio State University.

Steven F. HuefnerProsecution of double voting is rare in Ohio
Nov. 4, 2012
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article in the Newark Advocate about voter fraud frequency and common ways it can happen. “I’m sure that what we have much more than anything else is people who are signing petitions who aren’t properly able to sign a petition,” Huefner said.

Edward B. FoleyAs Ohio Counts, So Waits the Nation
Nov. 4, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on the National Review Online about Ohio's role in th presidential election. “Ohio has a history of litigating over the rules for counting provisional ballots,” Ned Foley of the Moritz College of Law at Ohio State told National Journal.

Edward B. FoleyDown to the wire: A brief history of close presidential elections
Nov. 3, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The Week magazine about elections that have come too close to call and what was done about it. "We could easily see a situation," said Ohio State law professor Ed Foley, "in which the nation has to wait for Ohio."

Edward B. FoleyObama or Romney? Five scenarios that could affect the outcome of the election
Nov. 2, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The Guardian about scenarios that could cause the presidential election to be undecided on November 6.  "Just because we are forced into overtime on 7 November doesn't automatically mean we are in crisis," he says. "Such uncertainty is not a reason for panic."

Edward B. FoleyThree Ways Election Day Could Get Ugly
Nov. 2, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on WIBW.com about what would need to happen if the election decision is delayed.  "Ohio has a history of litigating over the rules for county provisional ballots," said Foley.

Steven F. HuefnerWill Hurricane Sandy suppress voter turnout and tip the election?
Nov. 2, 2012
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article on TheWeek.com about how Hurricane Sandy will affect the November 6 election. "I think this storm is much more of a warning than an actual problem," Ohio State University law professor Steven Huefner tells BuzzFeed. To get a sense of how much worse it could be, "I'd like to invite people to think about what would be happening if the storm had arrived eight days later than it had."

Edward B. FoleyCampaigns lawyered up for election overtime chance
Nov. 2, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Mercury News about why both campaigns are hiring lawyers as we near Election Day. "Edward Foley, director of the election law program at Ohio State University, came up with a hypothetical scenario in which Romney leads Ohio by 10,000 votes the day after the election—but there are 150,000 outstanding provisional ballots that must be examined. Ohio law gives voters 10 days, until Nov. 17, to provide officials with any information needed to show they are eligible to vote."

Edward B. FoleyRomney-Biden May Be Winning Ticket in Unlikely Voting Tie
Nov. 2, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in Bloomgberg Businessweek about what could happen if the presidential election ends in a tie. “If you stipulate that they act according to partisan interests, they would pick Biden even if the House has picked Romney,” said Edward Foley, director of the election law program at Ohio State University’s Moritz College of Law in Columbus. A Romney-Biden administration is perhaps the oddest potential outcome to what could be a complicated finish to the presidential election.

Edward B. FoleyOfficials: ‘Please, God, make it a landslide’
Nov. 1, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article by the LA Times about what happens if the election is too close to call. “It’s the new normal,” said Ed Foley, an election law expert at Ohio State University’s Moritz College of Law. “You could see some lawsuits that may end up not amounting to much, but skirmishes as the candidates try to control the terrain.”

October, 2010

Steven F. HuefnerSandy could still postpone presidential election as millions remain without power
Oct. 31, 2012
Featured Expert: Steven F. Huefner

Steven Huefner, professor at Ohio State's Moritz College of Law, was quoted in an article on RT.com from an interview with  ABC News that any states that decide to postpone the election, though possible, would be posed with even bigger fish to fry. "For those states that don't already have an election emergency process in place, any departure from the established election process could easily give rise to court challenges about the legitimacy of the election," Huefner says. "Even states with an emergency plan might find themselves facing litigation over specific ways in which they've implemented their emergency plan."

Edward B. FoleySandy-Caused Power Outages May Complicate Election Day
Oct. 31, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on Bloomberg News about the complications Hurricane Sandy might have on voting in this election. “There are backup measures -- paper ballots, absentee ballots” that could be used instead of delaying the election, Foley said. “It may be less than ideal, but, weighing the alternatives, it would be better to go forward and do the best you can.”

Edward B. FoleyElection experts say a lot could go wrong
Oct. 31, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted by the Los Angeles Times in an article about the potential pitfalls at the polls and legal challenges to arrive on and after Election Day. "It's the new normal," Foley said. "You could see some lawsuits that may end up not amounting to much, but skirmishes as the candidates try to control the terrain."

Edward B. FoleyOver 1.2 Million Votes Cast In Ohio For 2012 Presidential Election After Hurricane Sandy
Oct. 31, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the International Business Times about how early voting may affect the Nov. 6 presidential election. "If it's a really tight race, we could be in a position where we don't know [the winner] until provisional ballots are counted," said Edward Foley, Director of Election Law at Ohio State University’s Moritz College of Law. "If Ohio is held up, and Ohio is essential to know who won, then the presidency is going to get held up."

Steven F. HuefnerCould Election Day Be Postponed?
Oct. 30, 2012
Featured Expert: Steven F. Huefner

Professor Steve Huefner was quoted by an ABC News article on the possibility of postponing the election because of Hurricane Sandy. "For those states that don't already have an election emergency process in place, any departure from the established election process could easily give rise to court challenges about the legitimacy of the election. Even states with an emergency plan might find themselves facing litigation over specific ways in which they've implemented their emergency plan."

Daniel P. TokajiCould Sandy blow away the election? Don’t hold your breath
Oct. 30, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a post on Reuters.com about how Hurricane Sandy may affect voting for the upcoming election. "I feel pretty safe in saying the likelihood of an amendment of this federal statute is right around zero,” said Daniel Tokaji, a law professor at Ohio State University and an expert on election law and voting rights.

Steven F. HuefnerStorm-affected states quickly resume early voting
Oct. 30, 2012
Featured Expert: Steven F. Huefner

Professor Steven Huerfner was quoted in an article in The Washington Post about the effects of Hurricane Sandy on voting in the upcoming election. Any governor who tried to reschedule or extend an election because of the weather would immediately be accused of partisan motivations, said Steven Huefner, professor at Ohio State University’s Moritz College of Law. “There certainly would be a court fight,’’ he said.

Steven F. HuefnerCould Election Day Be Postponed After Superstorm?
Oct. 30, 2012
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article on KMBZ.com about how Hurricane Sandy will affect voting in the upcoming election. "For those states that don't already have an election emergency process in place, any departure from the established election process could easily give rise to court challenges about the legitimacy of the election," he said. "Even states with an emergency plan might find themselves facing litigation over specific ways in which they've implemented their emergency plan."
 

Edward B. FoleyProvisional ballots could keep Ohio's presidential outcome in doubt for days after election
Oct. 30, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The Plain Dealer about the role provisional ballots might play in the upcoming election. Foley said Ohio law allows poll workers broad discretion to issue provisional ballots. The philosophy is, he said, "If there's uncertainty, let's let them have a provisional ballot, and we'll catch up with it later."

Steven F. HuefnerCongress, not Obama, has power to change election day
Oct. 30, 2012
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in a commentary in The Examiner about who has the power to change Election Day. “The bottom line is that Congress sets the date for the states to conduct the election of presidential electors,” Huefner explained, noting that the election date has already been set for Nov. 6. “Congress would be free to change that date but that seems a pretty remote prospect at this point that they would reconvene and change the date.”

Steven F. HuefnerHurricane's Late October Landfall Raises Election Questions
Oct. 30, 2012
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in an article on BuzzFeed about the voting difficulties cause by Hurricane Sandy. "We don't have a very well-established set of mechanisms for making those adjustments. Some states have existing procedures, but that's a minority of states that do. Even those states that have thought about it have come up with widely differing approaches," Huefner said.

Edward B. FoleyBoth sides arming for recounts, challenges
Oct. 29, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a USA Today article about both sides in the Presidential election preparing for a very close race and the possibility of recounts in one or more states. "One thing both sides are thinking about is what court to file in, state or federal? And do you go to court, or do you work through the administrative process?" said Foley, who directs the Election Law @ Moritz program. "And they have different strategies based on if they're up or if they're behind."

Edward B. FoleyProvisional Ballots Could Be The Difference
Oct. 29, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article on OhioVotes.com about the role provisional ballots might play in the upcoming election. Professor Foley said going into overtime for an election isn't necessarily a crisis."If it takes 10 days to know who won, that does mean we have to wait and we may be on the edge of our seats and we really want to know, but it doesn't mean we've got a problem - it just means we've got a close election and we've got some more ballots to count," Foley said.

Daniel P. TokajiIs The Voter Vigilante Group True The Vote Violating Ohio Law to Intimidate Voters at the Polls?
Oct. 29, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article on AlterNet about a "voter vigilante group" called True TheVote. “I don’t know what TrueTheVote has planned for Election Day. It would troubling be if outside groups were giving training to poll workers that conflicts with their legal obligation,” he said. “They are effectively state officials. Anything they do would be considered state action.”

Edward B. FoleyMcManus: The Ohio presidential equation
Oct. 28, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was cited in an op-ed in The Los Angeles Times regarding provisional ballots to be counted in Ohio in the event of a close race. "What that means, Ohio State law professor Edward B. Foley has warned, is that a candidate who falls just short on election night may ask for the provisional ballots to be counted, and that could take days. In 2008, Foley noted, about 207,000 provisional ballots were cast, enough to change a close election's outcome. The conventional wisdom holds that provisional ballots lean Democratic, since many of them are cast in urban precincts. This might be a scenario under which Obama could seek a longer count if election night doesn't go his way," wrote Doyle McManus.

Daniel P. TokajiWhy most of your local races are already decided
Oct. 26, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in The Cincinnati Enquirer regarding how legislative district maps have been drawn to make areas dominated by one political party or another. Plans from the Ohio Campaign for Accountable Redistricting are better, Tokaji said: "In their fairness and competitiveness, these plans are demonstrably superior to the one that this board has released."

Daniel P. TokajiEarly Voting: Election Fraud Debate Continues, Republicans And Democrats Weigh In
Oct. 26, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in the Huffington Post regarding early voting claims that it could lead to voter fraud. "Tokaji noted that fraud is much more prevalent among votes cast by mail, including absentee ballots submitted by mail. 'Why don't you see the same statements being made about absentee, mail-in voting?' Tokaji said. 'If you look at the population that predominantly uses it -- they're Republican.'"

Daniel P. TokajiEffect of an Issue 2 ballot win in Ohio debated at City Club
Oct. 26, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in The Plain Dealer about the debate he attended regarding the change to Issue 2. "Dan Tokaji, a professor of constitutional law at Ohio State University, said, 'When politicians draw the lines, the voters lose.' He said if Issue 2 passes 'we won't have three-quarters of the districts favoring one party as they do now.'"

Edward B. FoleyOhio's nightmare voting scenario
Oct. 25, 2012
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Cincinnati Enquirer article on the possibility of the presidential election being too close to call on election night and results being delayed until provisional and absentee ballots are counted. “We could easily see a situation in which the nation has to wait for Ohio because of provisionals,” said Foley, an Ohio State University law professor and nationally respected expert on election law. “We ought to start thinking about those what-if scenarios now rather than the Wednesday morning after the election.”

Edward B. FoleyOhio's nightmare voting scenario
Oct. 25, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article by Cinncinati.com regarding how Ohio’s voting policies could leave the election undecided for up to three weeks. “We could easily see a situation in which the nation has to wait for Ohio because of provisionals,” said Ed Foley, an Ohio State University law professor and nationally respected expert on election law. “We ought to start thinking about those what-if scenarios now rather than the Wednesday morning after the election.”

Edward B. FoleyA possible “nightmare scenario” for counting votes in Ohio?
Oct. 25, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in The Washington Post about counting Ohio's provisional ballots accurately to avoid a disaster like Florida during the 2000 election. "There might be pressure on Obama to concede, especially if Romney is also ahead in the national popular vote,” Foley wrote.

Daniel P. TokajiOhio Prepares for Close Election Amid Fears of Another Florida 2000 Mess
Oct. 24, 2012
Featured Expert: Daniel P. Tokaji

 

Professor Dan Tokaji was quoted in an article in The Daily Beast about what winning Ohio means to both presidential candidates this election season. “The Ohio legislature made a mess of the state’s early voting laws. Secretary Husted has said it’s really easy to vote in Ohio,” Tokaji says, “but Republicans in Ohio have been trying to make it more difficult to vote but have been rebuffed by the courts.”

Edward B. FoleyCopying bad Palm Beach County ballots will likely prevent repeat of 2000 election spotlight, experts say
Oct. 24, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article by The Palm Beach Post about the likelihood of a vote-counting issue like the one in Florida in 2000 will occur again. “‘They were making up the rules as they went along,’ he said. That, he said, was what ultimately spurred the U.S. Supreme Court to halt the recount and call the election for George W. Bush.”

Daniel P. TokajiAll Ohioans’ votes will count, Husted says
Oct. 20, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article on ToledoBlade.com about Ohio Secretary of State Jon Husted's speech on voting rights for Ohioans at the University of Toledo Law School. "It’s the job of the federal courts to enforce the Constitution; that includes the right to vote,” said Daniel Tokaji, a professor at the Ohio State University Moritz College of Law who was a panelist at the symposium, after the secretary’s comments. “…We should be doing everything we can to improve access to eligible voters.”

Edward B. FoleyBig Win for Obama Campaign in Ohio Early Voting Case
Oct. 16, 2012
Featured Expert: Edward B. Foley

Professor Edward B. Foley was quoted in an article on ABCnews.com about Ohioans right to in-person early voting. “Now all voters in Ohio will have the opportunity to do in-person early voting, where they otherwise wouldn’t have,” says election law expert Edward B. Foley from the Ohio State University Moritz College of Law. “That makes the availability of early voting look more like 2008 when roughly 100,000 voters took advantage of the early vote. Expectation of political scientists in general is that demographically the segment of the electorate that prefers in-person early voting is an urban community.”

Edward B. FoleyOhio Appeals to Supreme Court on Early Voting
Oct. 15, 2012
Featured Expert: Edward B. Foley

Professor Edward B. Foley was quoted in an article on ABCnews.com about the Republican party's appeal to the Supreme Court about passing Ohio's early in-person voting restriction law. Edward B. Foley, an election law expert at the Ohio State University Moritz College of Law, says, “the Obama campaign’s concern is that there is a federal constitutional violation by giving voting opportunities to military voters that are not extended to all eligible voters. The campaign is suing under the Equal Protection Clause of the Constitution, which has a long track record in the U.S. Supreme Court in applying to voting laws.”

Daniel P. TokajiAs Election Day nears, voter ID laws still worry some, encourage others
Oct. 12, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a CNN.com article about new voter laws requiring citizens to present a valid state-issued photo ID at the polls to protect the integrity of voters. "We've seen a great deal of litigation in the last two election cycles," said Dan Tokaji, an Ohio State University law professor. "This is shaping up to be an extremely close presidential election in which a lot of these seemingly little things could add up and make a difference in these swing states in Florida or Ohio or Pennsylvania."

Daniel P. TokajiJudges: Count Ohio's problem ballots
Oct. 11, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article on Cincinnati.com about the Cincinnati court’s decision that Ohio provisional ballots cast in the right polling place, but wrong precinct because of a poll worker must be counted. “The basic principle underlined in this case is that a voter’s vote shouldn’t be rejected because of someone else’s mistake,” said Daniel Tokaji, a professor at Ohio State University’s Moritz College of Law. “When you cut through all the legal technicalities, that’s what the case comes down to.”

Donald B. TobinWall Street Faults State Lobby Law
Oct. 10, 2012
Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in a Wall Street Journal article on a new New York law that requires trade associations that lobby state government to publicly disclose their sources of funding. Banking and insurance groups are fighting against donor disclosure. "My gut tells me that New York would be able to say that there's a substantial relation between the disclosure requirement and an important government interest," Tobin said.

Daniel P. TokajiJon Husted claims a member of the proposed redistricting commission could not be removed for taking a bribe
Oct. 10, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a PolitiFact analysis of whether Ohio Secretary of State Jon Husted's statement that members of the proposed redistricting committee could " accept a bribe from somebody to get the map that you want, and you couldn’t be removed from this commission" was true or false. Tokaji said that existing Ohio law, enacted under Article 2, Section 38 of the Ohio Constitution, sets a process for removing an officeholder. "A commissioner could therefore be removed for bribery following this statutory process," Tokaji said. "Nothing in Issue 2 prevents this."
 

Daniel P. TokajiOhio asks Supreme Court to overturn early-voting ruling
Oct. 10, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Washington Post article on the Ohio Secretary of State's decision to appeal a United State Court of Appeals for the Sixth Circuit decision to allow early voting the weekend before the election to the Supreme Court of the United States.  Tokaji said it is difficult to predict what the justices will do, “but I’m going to go out on a limb and say it’s hard to see any good reason for them to take it.” When asked about the SOS's concern that as a result of the Sixth Circuit ruling, polls in some Ohio counties would be open the weekend before the election while others would not, Tokaji said “There’s one person in Ohio who has the power to fix that, and it’s Husted.”

Edward B. FoleyOhio Ruling Sets Stage for Supreme Court Decision on Early Voting
Oct. 9, 2012
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Roll Call article about the Ohio Secretary of State's decision to appeal the recent U.S. Court of Appeals for the Sixth Circuit's decision to allow early voting in Ohio the weekend before the election. “What the [judges] are saying is that we, the federal judiciary, aren’t insisting that you have these three days of early voting everywhere; we’re just insisting that you treat the military and nonmilitary voters the same. So if under Ohio law every county gets to decide what to do, they still get to decide as long as they treat military and nonmilitary voters the same.”

Edward B. FoleyOhio Secretary of State Jon Husted to appeal early voting decision to U.S. Supreme Court
Oct. 9, 2012
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Cleveland Plain Dealer article on the Ohio Secretary of State's decision to appeal a U.S. Court of Appeals for the Sixth Circuit decision to allow early voting in Ohio the weekend prior to the election.  "Basically, four federal judges took a look at this and said this Ohio law is convoluted and shouldn't be able to take effect for this election," Foley said. "Is it absolutely imperative for the U.S. Supreme Court to get involved? It doesn't feel that way to me."

Daniel P. TokajiOhio Ruling Sets Stage for Supreme Court Decision on Early Voting
Oct. 9, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Roll Call article about the Ohio Secretary of State's decision to appeal the recent U.S. Court of Appeals for the Sixth Circuit's decision to allow early voting in Ohio the weekend before the election.  “To make a long story short, the Legislature made a real mess of our early voting law,” Tokaji said. “To the extent that there is any differential treatment between counties, Secretary Husted has no one to blame but himself for that and he has the power to fix it.”

Edward B. FoleyCourts block Republicans' voter ID laws – for now
Oct. 8, 2012
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Los Angeles Times article on several recent court decisions that block voter identification laws. "Courts see their role as the protectors of the core right to vote,"  Foley said.

Daniel P. TokajiIssue 2 could change the balance of power in Ohio
Oct. 6, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Dayton Daily News article about Ohio Issue 2, which would create the Ohio Citizens Independent Redistricting Commission. The Commission would meet in public and consider four cour principles when drawing new district lines. “These are the criteria that best capture fundamental values in our democracy. They’re values that will serve the interests of voters rather than the interests of partisan politicians.”

Donald B. TobinRules of the Game: Shining a Light on Political 'Dark Money'
Oct. 2, 2012
Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in a Roll Call article about "dark money" in politics. The article focused on 501(c)(4) social welfare organizations who do not have to disclose donors, being used to fund political ads.  Two such groups - Crossroads GPS and Americans for Prosperity - have spent $173.8 million on campaign ads, which is more than the top four super PACs combined. Where the money came from is unknown. The article says Tobin favors requireing tax-exempt groups like the ones above to disclose contributions and expenditures over $25,000. "Tobin also suggests allowing for external complaints regarding abuses of tax-exempt status and putting enforcement in the hands of an independent, nonpartisan commission made up of former IRS veterans," the article said.

Daniel P. TokajiSpecial voting access for the military nothing new, dates from the Civil War, Mike DeWine says
Oct. 1, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a PolitiFact truth-o-meter question regarding Ohio Attorney General Mike DeWine's claim that "Since the time of the Civil War, we've made a distinction in this country between the availability and the ability to access for people who were in the military, versus the rest of us, to vote." Politifiact relied heavily on an article Tokaji wrote on the subject.  "There has been some waxing and waning over the years," Tokaji said in an interview. "It's not a story of steady progress over the years as time has marched on."
 

September, 2010

Edward B. FoleyDemocrats Target Ohio Ballot Rule as Republican Laws Fall
Sep. 30, 2012
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Business Week article on pending election administration lawsuits in Ohio.  “It’s not unprecedented to have these last-minute lawsuits over voting process.  They’ve just snowballed since Bush v. Gore.”

Daniel P. TokajiSupreme Court begins term with another Az case on docket
Sep. 29, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Tucson Sentinel article on the upcoming U.S. Supreme Court session and the odds the Court will hear a case on Arizona Proposition 200. “It’s unlikely that they’re going to get the Supreme Court to bite on this one,” said Tokaji.

Edward B. FoleyUS elections: Where is my vote?
Sep. 28, 2012
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Muslim News article on the impact new identification laws and restriction to early voting could have on voter turnout. “Rhetoric on both sides has been over stated,” Foley said. 

Daniel P. TokajiShould partisans be in charge of our elections?
Sep. 27, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article on CBS News discussing whether partisan officials should be in charge of election administration in the United States. "It's an inherent conflict of interest because you've got an umpire who's a betting stake in the game," Tokaji said. "We can't know for sure whether Katherine Harris made the decisions she made because that was her legitimate interpretation of the law or she wanted to help Bush win. But this is not just a problem of bad actors, this is the problem of an inherently unfair system."

Edward B. FoleyVoter ID Laws Could Delay Outcome Of Close Election
Sep. 26, 2012
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Huffington Post article looking into whether there will be an increase in provisional ballots during this election because of changes in voter laws. Provisional ballots take longer to count.  "Americans have gotten used to the expectation that you could turn on the TV and you would know that night who won the election, even after Florida in 2000," said Edward B. Foley, a law professor at Ohio State University. "But this could be an election in which we don't know the answer for several days."

Daniel P. TokajiWhat? There's a Nonpartisan Way to Run Elections!?
Sep. 24, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a in an American Prospect article about partisianship in election administration. "This is a big part of the reason why we have such grave and serious complaints about our political process from people across the political spectrum," said Tokaji,. "People don't trust the partisan officials who are running our elections and not without good reason. Virtually all of our state authorities have a conflict of interest because they are party-affiliated."

Edward B. FoleyLitigation casts pall as early vote approaches
Sep. 23, 2012
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Toledo Blade article focusing on pending election lawsuits in Ohio and the likelihood of more lawsuits if the election is close.   “We see these lawsuits now. If it’s close, we’ll see these lawsuits later,"  he said. "I think that’s a question worth asking today.  Should you feel good about a win and should you really feel entitled to a win if the way in which you win is by disqualifying votes of valid voters? They went to the polling place. They had the right ID. They just by virtue of a mistake — and it might not have been their mistake. It might have been the poll worker’s mistake — they ended up with the wrong piece of paper."

Daniel P. TokajiNew Voting Laws Get Democratic Organizers Fired Up
Sep. 20, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a National Journal article about changes in election law, including voter identification laws, across the country and the impact those new laws may have on voter turnout. “We’re still figuring this out, and it will probably take social scientists years to do it because there are so many variables that affect turnout,” he said.

Daniel P. TokajiPa. Supreme Court Doubts State Can Comply With Its Own Voter ID Law
Sep. 19, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Colorlines Magazine article on the Pennsylvania Supreme Court's ruling in the state's controversial voter identification law.  “I think this is quite right. “It shouldn’t be based on predictions of whether voters will or won’t get ID. The protection of the right to vote shouldn’t be a matter of guessing probabilities,” Tokaji said.

Daniel P. TokajiOhio Secretary of State Jon Husted, rising GOP star, frustrated by court challenges but confident in state's elections operation
Sep. 14, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Cleveland Plain Dealer article about Ohio Secretary of State John Husted, the recent judicial rulings against early voting restrictions, and Issue 2, which would revise how redistricting is conducted in Ohio. "Secretary Husted and his colleagues have put their own partisan self-interest ahead of their legal obligation [to] the Ohio voters," Tokaji said.

Daniel P. TokajiChallenges to Voting Laws May Play Havoc On and After Election Day
Sep. 13, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Roll Call article about likely lawsuits that will arise on and after Election Day because of new voter id laws and restrictions in early voting. "If I had to boil it down to its essentials, it's access versus integrity, that's what these cases are about," Tokaji said. "It's a real worry that people who voted early four years ago won't be aware of the fact that the state has restricted early voting this time around."

Daniel P. TokajiBacklash Swells Against Voter Laws
Sep. 13, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Daily Beast in an article about the rise in voter id laws.  “These courts smelled a rat,” said Tokaji, a professor of election law at Ohio State University’s Moritz School of Law. “State legislatures overplayed their hand and got greedy. It was transparent that the real reason for these changes was to make it difficult for some people to vote.”

Edward B. FoleyVoter ID laws, poll tax not equivalent
Sep. 12, 2012
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a PolitiFact analysis of a statement by the American Civil Liberties Union that voter identification laws are essentially a modern-day poll tax.  "The U.S. Supreme Court has not definitely settled this debate, although its 2008 decision in the Indiana voter ID case suggests that the poll tax claim faces an uphill battle," said Edward Foley, executive director of an election law center at The Ohio State University’s Moritz College of Law.

Daniel P. TokajiIssue 2 opposition splits Ohio State Bar Association membership
Sep. 7, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Business First article about Ohio Issue 2. The Ohio State Bar Association and a group of law professors are on opposite sides of the issue. Tokaji said it is unusual for the bar association to take a position on a state ballot issue, leaving some to wonder whether it is under political pressure.

Edward B. FoleyDespite voter ID law, minority turnout up in Georgia
Sep. 3, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article in the Atlanta Journal Constitution about the impact of Georgia's strict voter identification law. "I think the rhetoric on both sides has been overstated. It hasn’t had the voter-suppressing effect that some people feared.” Foley said.

Daniel P. TokajiCould provisional ballots be the hanging chads of 2012?
Sep. 1, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Pittsburgh Post-Gazette in an article examining the role provisional ballots could play in the 2012 election.  "If you're worried about what is going to be the next Bush v. Gore, it's likely to be either provisional ballots or absentee ballots," he said. "Those can be the big things people can be expected to fight over in the event of a close election."

August, 2010

Daniel P. TokajiJudge Issues Injunction Against Ohio’s ‘Wrong Precinct’ Election Law
Aug. 29, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Daily Beast article on an injunction issued by a U.S. district judge stopping the implementation of an Ohio  law that would have thrown out ballots cast when poll workers directed voters to the wrong precinct in voting places serving multiple precincts. More than 14,000 such ballots were rejected in Ohio in 2008. “From a common-sense perspective, it seems quite unfair to reject a vote because a poll worker made a mistake,” Tokaji said.

Daniel P. TokajiOhio redistricting plan mirrors California proposal that failed to remove politics from the process
Aug. 26, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Cleveland Plain Dealer in an article about Issue 2 in Ohio, which would create a commission that would handle redistricting in the future. A similar commission was created in California and some critics claim the California commission has not taken the politics out of redistricitng as promised.  “They’ve got all these perverse fantasies about what might happen with the citizens commission. None of them are nearly as bad as what actually happened in real life,” Tokaji said.

Daniel P. TokajiVerifying provisional ballots may be key to election
Aug. 26, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Pittsburgh Post-Gazette in an article about the importance of provisional ballots in a close election.  "If you're worried about what is going to be the next Bush v. Gore, it's likely to be either provisional ballots or absentee ballots. Those can be the big things people can be expected to fight over in the event of a close election."

Edward B. FoleyPre-Election Legal Battles Target Voting Rules
Aug. 24, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was interviewed and quoted on NPR in a piece about the current pre-election litigation occuring in several battleground states.  "If there are going to be lawsuits, it's better to have them early rather than later. I think everybody knows that they are potential swing states in the presidential election. And the lawyers know that, and so they know which states might matter the most and where the voting rules might really make a difference," Foley said.
 

Daniel P. TokajiActivist state election officers lead charge for Voter ID
Aug. 23, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an NBCNews article discussing how many secretaries of states across the country have taken on a much more partisan and activist role than in the past.  The partisanship of secretaries of state in the role of chief election official “is an obvious conflict of interest between the essential obligation to serve all voters and their attachment to one of the major political parties,” Tokaji said.

Daniel P. TokajiSecretaries of state lead charge for strict voter requirements
Aug. 21, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an iWatch article about Secretaries of State leading the efforts to enact voter identification laws in many states.  The partisanship of secretaries of state in the role of chief election official “is an obvious conflict of interest between the essential obligation to serve all voters and their attachment to one of the major political parties,”  Tokaji said.

Edward B. FoleyPennsylvania Voter Suppression Law Upheld
Aug. 16, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Lawyers.com article, which was about Pennsylvania’s voter identification law being upheld by the Commonwealth Court.

“If it’s actually no burden to ask someone to show an ID, let the law be enforced for those to whom it’s no burden,” Foley said. “If you don’t have the right kind of ID, and you state the reason is you can’t get the official document because you’re indigent, and sign an affidavit that you are indigent, your vote will count. …I can’t say it’s great to vote a provisional ballot as opposed to a regular ballot, but they aren’t disenfranchised.”

Edward B. FoleyPresidential campaigns spar over Ohio election law
Aug. 15, 2012
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in an article by The Associated Press. The article regarded presidential campaigns and Ohio’s election law.

"Ohio is a repeat player in the election litigation business," Foley said. "Ohio matters and it stands to reason that the candidates are going to care more about the voting rules for a swing state."

Daniel P. TokajiPennsylvania Voter ID Challengers Lose Bid to Block Law
Aug. 15, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was mentioned in a Bloomberg article about Pennsylvania’s voter ID law being upheld by the Commonwealth Court. The article noted Tokaji said, “The Pennsylvania ID debate is getting heightened attention because of the state’s swing status.”

Daniel P. TokajiSecretaries of state fashion new, activist roles
Aug. 13, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a MinnPost article about secretaries of state turning to activists.

“The past decade we have seen a lot of changes, many of them positive, but we really haven’t addressed this problem when it comes to how our elections are run,” Tokaji said.

The article was also published by Pine Tree Watchdog.

Edward B. FoleyCitizenship question sets off controversy at polls
Aug. 8, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted by The Detroit News in an article that centered on extra concern about U.S. citizenship causing controversial confusion at voting polls. Foley said the 2002 Help America Vote Act deems all voters eligible to cast ballots.

“If voters go to the polls and say they believe they are entitled to vote then they should receive a provisional ballot no matter what," Foley said. "They can come in later with proof of citizenship.”

Daniel P. TokajiVoter ID lawsuits could delay election results again
Aug. 7, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article by CNN about new voter ID laws delaying election results.

"Whenever you change the rules by enacting new laws, it triggers a round of litigation. I don't think we'll see an end to this anytime soon," Tokaji said. "It could come down to the states counting of absentee ballots. ... We could see a replay of the 2000 election, where we don't have a winner for weeks."

Daniel P. TokajiRedistricting amendment effort, foes gearing up for fall campaign
Aug. 7, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Lima News article about Voters First’s redistricting initiative being on the November ballet.

“We don’t have any truly nonpartisan institutions in the state. We had to create one, with the best means possible ensuring commissioners who wouldn’t be wolves in sheep’s clothing, partisans pretending to be nonpartisans,” Tokaji said. “We think we have a message that rings trues with voters. …Voters have an instinctive sense that the political process is not working, at least not working for them.”

Daniel P. TokajiUnion cash helps petition effort
Aug. 1, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Toledo Blade article about Voters First’s redistricting initiative qualifying for the November ballot.

"Today the politicians, lobbyists, and political insiders continued to divert attention from the need for redistricting reform," Tokaji said in regard to Protect Your Vote. "The opposition won't disclose its funders. They won't talk about the hundreds of thousands of Ohioans -- Republicans, Democrats, and independents -- who stand with Voters First because they want to take back the power from the politicians and return it to the people."

Daniel P. TokajiGroup submits signatures to place redistricting reform issue on ballot
Aug. 1, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article by The News Leader, which centered on Voters First gathering enough signatures to get its redistricting initiative on November’s ballot.

"... The process we have now is a disaster," Tokaji said. "It is a process that rigs district lines in favor of politicians, lobbyists and their cronies, and the process that we have spent many months developing... we are confident is better than any one that has been tried or even proposed in any other state."

July, 2010

Daniel P. TokajiBackers of remap petition confident of reaching ballot
July 31, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Toledo Blade article about Voters First having high hopes for its redistricting amendment to be on the November ballet.

"We know that politicians and their cronies are going to do everything that they can to stop us," Tokaji said. "No one fights harder or meaner than a politician determined to hold onto his own power."

Part of the article were also published by The Record Publishing Company.

Daniel P. TokajiVoting Systems’ Plagues Go Far Beyond Identification
July 31, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a New York Times article, which regarded flaws in the United States’ voting system.

“This has all become incredibly politicized in recent years,” Tokaji said. “If you go back in our history, you can find voter registration rules used to exclude blacks or immigrants from voting. But since 2000 it seems to have gotten worse. Both parties have realized that election administration rules can make the difference between victory and defeat in a close election. And unlike virtually every other country in the world, our systems are administered by partisan officials elected as candidates of their parties.”

Daniel P. TokajiOrganized labor overwhelmingly backing Ohio effort to change how election maps are drawn in Ohio
July 31, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Cleveland Palin Dealer article about Voters First working toward its redistricting initiative.

"Today the politicians, lobbyists and political insiders continued to divert attention from the need for redistricting reform. The last thing they want to talk about is their abuse of the redistricting process to protect themselves and their political cronies,” Tokaji said. “The opposition won't disclose its funders. They won't talk about the hundreds of thousands of Ohioans – Republicans, Democrats and Independents who stand with Voters First because they want to take back the power from the politicians and return it to the people."

Daniel P. TokajiGroup pushing to change redistricting spent more than $1.3M to get issue on ballot
July 31, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article by the Dayton Daily News, which centered on Voters First spending more than $1.3 million toward its redistricting initiative, which has qualified to be on the November ballot.

“They want to run a campaign the same way they drew the district lines — in secret rooms without transparency, accountability or public input,” Tokaji said of Protect Your Vote. “We may never know the identity of the lobbyists and special interests behind their effort, because they will use every loophole to avoid disclosing their funders.”

Edward B. FoleyWill Ohio count your vote?
July 28, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Cincinnati Enquirer article about voters’ ballots being discarded.

Foley equated developing an electoral process to “planning for hurricanes.” He said, “You need to build an election system that can withstand the unexpected, unusual event. …We’re not quite there yet in Ohio, and that’s what worries me. The fate of the nation could hang on provisional voting in Ohio. That’s rather unsettling.”

The article was later published by the Mansfield News Journal.

Daniel P. TokajiOhio Secretary of State Jon Husted asks feds for immigration database for voters' citizenship verification
July 19, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article by The Cleveland Plain Dealer about Ohio Secretary of State Jon Husted requesting access to a federal immigration database so that citizenship of voters may be verified this election

"There are likely to be many mistakes in any huge database and voters should not be denied the right to vote due to some bureaucrat's technical error," Tokaji said.

Donald B. TobinBoth Left And Right Got The Taxes On The Romneys' Olympic Horse Wrong
July 19, 2012
Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in an article by Forbes, which inquired about taxes and Mitt Romney’s investment into Rafalca, a horse to be rode by equestrian Jan Ebeling in the dressage competition at the London Olympics.

“My wife does dressage. We have a horse and we can’t deduct anything because it’s a hobby,’’ Tobin said. “When I’m doing something that’s just for fun and not intended to make money, why should other people be subsidizing it?”

Daniel P. TokajiCitizens group needs more signatures to change redistricting process
July 18, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an Akron Beacon Journal article about Voters First still needing more signatures to get its redistricting initiative on the November ballot.

Tokaji said the group stopped getting signatures July 3, but “We are confident that we will be able to submit whatever number we need.” He also said, “This initiative [asks] to change politics as usual and create a political process in Ohio that is fair, accountable and transparent.”

Daniel P. TokajiObama Campaign Calls Ohio Early Vote Law Unconstitutional
July 17, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was referenced in a Bloomberg article for noting in a previous interview, “Expanded early voting is perceived to have helped Democrats, especially Obama in 2008, more than Republicans.”

The article, which was also published inThe San Francisco Chronicle, centered on Obama for America deeming Ohio’s early vote law unconstitutional.

 

Daniel P. TokajiVoters First Initiative Faces Opposition From Top Ohio Election Official
July 13, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was on the Ohio News Network and quoted in an article about the Votes First Initiative being opposed by Ohio election officials, such as Rep. Secretary of State Jon Husted.

"It's not surprising that partisan politicians and party bosses are trying to hold onto their power," Tokaji said. "What the Voters First Initiative would install is a non-partisan independent citizens commission."

Daniel P. TokajiAttempt to Overturn GOP Redistricting Moves Forward
July 12, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Cincinnati CityBeat article for his opposition to Ohio House Bill 369.

"This is not a Republican vs. Democrat issue. [Gerrymandering] has been done by both parties. The opposition has been trying to characterize this as a Democrat-led effort," Tokaji said. "You could throw a bucket of paint on the wall and it wouldn't be as ugly as these maps."

Daniel P. TokajiAmendment would put Ohio politics back on right path
July 8, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in The Columbus Dispatch in an article about Ohio’s redistricting amendment. The article also recognized him for backing Voters First Ohio, a coalition aiming to get district line-drawing not be done by partisan bosses.

“Everything we have done is to ensure we get fair district lines that aren’t biased in favor of any party or politician,” Tokaji said.

Daniel P. TokajiAbortion, gay rights, pot- ballot issues go up in smoke
July 3, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in The Cincinnati Enquirer in an article about ballot issues, including constitutional convention and redistricting, which Tokaji weighed in on.

“This is not a Democrat vs. Republican issue,” he said of redistricting. “This is an issue of we the people vs. the politicians.”

June, 2010

Edward B. FoleyObama prepping thousands of lawyers for election
June 26, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in The Denver Post in an article regarding President Barack Obama’s campaign rallying thousands of lawyers to be on reserve for this year’s election due to rising legal disputes about the voting processn and, specifically, about new voter identification laws.

Foley said legal challenges are common before elections, but litigation has come much earlier this year. “We're in an era of increased litigiousness over the voting process," he said.

Daniel P. TokajiDemocrats funding Turner challenger
June 24, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article by the Springfield News-Sun. The article centered on Democrats financing Sharen Neuhardt in an effort to beat her opponent, incumbent Mike Turner, who is the five-time United States congressman for the 10th District of Ohio.

“I don’t think this is really a very competitive district, but it’s one of the closer ones we’ve got,” Tokaji said. “It’s one of the three closest (of 16 statewide), and that’s pathetic. There are basically no districts that are split down the middle between Republicans and Democrats.”

Daniel P. TokajiU.S. Rep. Hastings says Florida's noncitizen voter purge is a 'backdoor poll tax'
June 7, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article by PolitiFact.com regarding Florida voting rights, specifically about residents submitting proof of citizenship.

"If voters, as a practical matter, are required to spend money out of their own pocket -- even a relatively small amount -- in order to prove their eligibility and therefore vote, then it's functionally equivalent to the poll tax," Tokaji said.

David A. GoldbergerBe wary of ad claims about health care law and brace for a wave of more: PolitiFact Ohio
June 5, 2012
Featured Expert: David A. Goldberger

Professor David A. Goldberger was quoted in an article by the The Plain Dealer regarding PolitiFact Ohio’s take on Obamacare advertising.

Goldberger said he expects the Supreme Court to make a decision on the law by the end of June. "The impact of the decision is going to be deafening," Goldberger said. "Once the court rules, the winning side is going to use it as an argument that the law is inherently good or bad. There's going to be an avalanche. We've only scratched the surface."

May, 2010

Edward B. FoleyLetters: Look closely at how voter fraud happens
May 31, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley weighed in on an article in The Oshkosh Northwestern regarding voter fraud. Foley recommended using “electronic voting rolls” to prevent forgery.

Daniel P. TokajiPetition aims to amend Ohio redistricting
May 22, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recognized in The Lantern for co-creating a petition to remap Ohio’s congressional districts without partisan bias.

Donald B. TobinWill the John Edwards case change campaign finance laws?
May 17, 2012
Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in an Alaska Dispatch article that analyzed whether the John Edwards case will affect campaign finance laws.

“If we lived in a different world and this money had gone to a nonconnected valid (super PAC), there would be no problem here,” Tobin said of Edwards’ association with super PACs. “This was not express advocacy. … It’s not electioneering, and it doesn’t even feel like a campaign contribution.”

The article was also published by MinnPost.

Steven M. DavidoffPrivate equity and the campaign
May 15, 2012
Featured Expert: Steven M. Davidoff

Professor Steven Davidoff was featured on a podcast by American Public Media. The podcast centered on Mitt Romney's favoring private equity. Davidoff said of the President Barack Obama attacking Romney’s ties to private equity, “Well it’s where the money is, right?”

April, 2010

Edward B. FoleyMinnesota's election system after two recounts
Apr. 25, 2012
Featured Expert: Edward B. Foley

Professor Ned Foley weighed in on a MinnPost article about Minnesota’s election system and its tendency to recount votes.

In the article, which reported Foley’s participation in a panel of election experts at the University of Minnesota’s Humphrey School, Foley commended Minnesota’s ability to recount and produce results that “had legitimacy” and “deserved public respect and trust.”

Steven M. DavidoffNew Share Class Gives Google Founders Tighter Control
Apr. 13, 2012
Featured Expert: Steven M. Davidoff

Professor Steven Davidoff, writing as the Deal Professor for The New York Times DealBook, wrote a column about Google's new share class. The tech company created a nonvoting share class in order to give its founders tighter control of the company. They did this, they said, in order to "focus on the long term."

Davidoff said this could create a pattern: "In the meantime, one thing is certain. The clear trend in technology companies is to deny shareholders this choice and a real vote. In other words, expect more Google followers."

Daniel P. TokajiConfusion over Ohio voting prompts call for moratorium on election laws
Apr. 12, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji, an expert in election law, was quoted by Examiner.com in an article discussing the complexity of Ohio election laws.

Tokaji, along with the League of Women Voters, believes that a moratorium is in order.

"I agree with the LWV. I think the Ohio Legislature has caused enough voting problems over the past year or so. They should give the people a chance for a thumbs up or thumbs down vote on the voting restrictions the Legislature decided to impose last year," he said.
 

Edward B. FoleyOther states offer clues on how voter ID would work in Minnesota
Apr. 4, 2012
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an article by Minnesota Public Radio pertaining to voter identification laws in that state. Minnesota is set to vote on an amendment to the state constitution in November to decide whether the voter IDs will be required.

The impact of the amendment is not yet known. Foley said initially the law would allow more people to vote, but the process would work better in theory than in practice because voters typically don't prove their identity after the election is over.

"That right very rarely gets exercised by voters," Foley said. "They watch the news at night, victory is declared for one candidate or another, or they don't have time to do it."

March, 2010

Daniel P. TokajiThe GOP Assault on the Voting Rights Act
Mar. 21, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an article in The Nation about the Department of Justice denying preclearance to a Texas law requiring, under Section 5 of the Voting Rights Acts, voters to present photo identification.

“Because Texas ID requirement would apply to federal elections, we don’t even need to get into the question of whether Section 5 falls within Congress’s Fourteenth and Fifteenth Amendment power,” Tokaji said.

Donald B. TobinBuying A Political Ad? Let A SuperPAC Foot The Bill
Mar. 16, 2012
Featured Expert: Donald B. Tobin

Professor Donald Tobin weighed in on a National Public Radio article about the effects of super PACs on the 2012 GOP campaign, especially in regard to TV advertising. The article also ran online on Vermont Public Radio.

Tobin said, "One of the things that I think political scientists are going to look at is — is there a saturation point where you know there's just a law of diminishing returns ... you've reached everybody and they know your message and so shouting louder and longer doesn't necessarily help."

Donald B. TobinIRS May Make Political Groups Pay Dearly for Keeping Donors Secret -- And Out Them
Mar. 8, 2012
Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted in a Huffington Post article about the IRS investigating whether Tea Party organizations and perhaps political groups actually qualify for tax exemptions under the 501(c) (4) designation.

"The idea is to get the proper information from the organization so you can make the proper decision," Tobin said.

February, 2010

Daniel P. TokajiDocument fees for ID to vote in Kansas raise concerns
Feb. 19, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Wichita Eagle about the constitutional issues surrounding Kansas' new voter identification law.  Tokjai said the U. S. Supreme Court's ruling in Crawford stated only that Indiana law wasn’t unconstitutional on face value. “It’s still possible for individual voters – people who are really poor or homeless – to challenge its application in certain circumstances,” Tokjai said. “It would be misleading to say without qualification that Crawford means all these are constitutional.
“That’s an important qualification, one that I’m sure Secretary of State Kobach’s office would prefer to glide over. But it’s an important one for people who actually pay attention to what the law says.
“The question of whether these laws are constitutional, as applied to individuals burdened by them, is very much alive.”

Daniel P. TokajiOhio redistricting ballot drive launches while Speaker Batchelder pushes in different direction
Feb. 18, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Cleveland Plain Dealer article about a group of citizens in Ohio that are working to change the redistricting process in the future. "Incumbent politicians have been drawing these lines to serve their own self-interests at the expense of the people's collective interest," said  Tokaji, one of the leaders of the coalition, which includes the League of Women Voters of Ohio and Common Cause Ohio. "We the people have to take back this power by seizing the pen away and drawing the districts ourselves."

Donald B. TobinSecret money is funding more election ads
Feb. 8, 2012
Featured Expert: Donald B. Tobin

Professor Donald Tobin was quoted by The Washington Post in an article about campaign finance and super PACs in the wake of the Citizens United ruling. A tax law expert, Tobin said political advocacy groups are taking advantage of a murky legal landscape between tax and election laws.

He argues that many of the social-welfare groups now spending big on campaigns are flouting the intent of tax laws, which did not envision groups formed solely to dance on the line between issue advocacy and direct participation in elections.

“There’s no way that Congress expected groups like Crossroads GPS to be social-welfare organizations,” Tobin said. “They used to be groups that were focused on social welfare and did a little politics on the side. This has turned that idea on its head.”

Daniel P. TokajiOhio Senate Republicans take another crack at election reform before the fall presidential election
Feb. 5, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Plain Dealer in an article about Ohio Senate Republicans looking to change laws affecting the way elections are administered.

“There is no good reason for unsettling our election system, confusing poll workers, and making life more difficult for voters,” said Tokaji, a senior fellow at Election Law @ Moritz.

Daniel P. TokajiDemocracy for Dollars
Feb. 1, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz and the Robert M. Duncan/Jones Day Designated Professor of Law, was quoted in an article by Detroit alternative weekly Metro Times about super PACs and their involvement in buying advertising for the 2012 campaign.

In response to some groups' desire to change the First Amendment in such a way to ensure freedom of speech not apply to corporations, Tokaji deemed it a "well-intentioned but overly simplistic approach to the problem."

"There are real First Amendment interests at stake here," he said. "If you were to completely snuff out the corporate perspective from the debate, that would be a real problem."

Campaigns should be publicly funded instead, Tokaji argues.

January, 2010

Daniel P. TokajiKey provision of voting rights law under court scrutiny
Jan. 20, 2012
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji, an expert in election law, was quoted by NBC Politics on MSNBC.com in an article discussing a looming vote on Part 5 of the 1965 Voting Rights Act.

 “If I had to speculate on how this panel rules, I’d say they’d uphold section 5,” Tokaji said. “There’s a very good chance it will get to the Supreme Court.” 

Daniel P. TokajiKey provision of voting rights law under court scrutiny
Jan. 20, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by NBC Politics in an article regarding Congress’ possible renewing of section 5 of the 1965 Voting Rights Act. Under the section, some states and counties and townships in states must receive “preclearance” from the Justice Department to change any and all voting procedures.

“If I had to speculate on how this panel rules, I’d say they’d uphold section 5,” Tokaji said. “There’s a very good chance it will get to the Supreme Court.”

 

Michelle  AlexanderSave our people
Jan. 20, 2012
Featured Expert: Michelle Alexander

Professor Michelle Alexander's book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, was discussed in an article in the South Florida Times.

Daniel P. TokajiThis week: Bama voting rights case in DC courtroom on Thursday
Jan. 17, 2012
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted by The Birmingham News in an article about a local county's crusade to end 47 years of federal government oversight of its election returns.

Shelby County is hoping a federal appeals court will agree that the county no longer needs the U.S. Justice Department to approve changes in the ways elections are conducted because the area has progressed from its discriminatory past. It is unclear whether the case would be the vehicle with which justices of the U.S. Supreme Court would review the constitutionality of Section 5.

"I am reasonably confident they're going to take up the question of Section 5 constitutionality within the next few years," Tokaji said. "It could be Shelby County, it could be South Carolina, or some other."

December, 2010

Daniel P. TokajiThe Justice Department Stops South Carolina's Assault on Voting Rights
Dec. 25, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in The Nation as agreeing with the U.S. Department of Justice’s decision to block a South Carolina law requiring voters to present photo identification. Takaji said, “If the effect is to make it more difficult for minorities to vote than was the case before, then the law presumptively violates the Voting Rights Act.”

Daniel P. TokajiPossible new legislation for nonpartisan redistricting
Dec. 23, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted in a Dix News Service article published by The-Daily-Record.com about a new ballot initiative that would make future congressional redistricting nonpartisan.

"The state legislature has left nothing but a big lump of coal in the stockings of all Ohio's citizens," Tokaji said. "And the only one with a gift under their tree this year are a few politicians and the party that is dominant in Ohio at the moment."

Daniel P. TokajiOnly 3 of 16 districts competitive in new map
Dec. 22, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted in a Dayton Daily News article about recent analysis surrounding Ohio's new congressional districts. Findings showed only three of 16 districts would be competitive under a new map signed into law by Gov. John Kasich.

Tokaji, a part of the Ohio Campaign for Accountable Redistricting, called the map “a disgrace to our democracy.” Besides not being competitive, the new districts aren’t compact and don’t respect community boundaries, Tokaji said.

Daniel P. TokajiGroup says Ohio's new congressional map lacks competition, fairness
Dec. 21, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Columbus Dispatch in an article about recent analysis surrounding Ohio's new congressional districts. Findings showed only three of 16 districts would be competitive under a new map signed into law by Gov. John Kasich.

Tokaji, a senior fellow at Election Law @ Moritz, said, “This is the worst example of elected officials serving their own craven partisan interests of anywhere in the country.”

Daniel P. TokajiMontgomery, Greene Counties part of “competitive” U.S. House district
Dec. 21, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by the Dayton Daily News in an article about two Ohio counties that are part of scant few "competitive" U.S. House districts under a new map designed by a Republican-controlled board. Montgomery, Greene, and part of Fayette County are part of the 10th District, according to the map. There are only three "competitive" districts based on recent analysis by the Ohio Campaign for Accountable Redistricting, of which Tokaji is part.

He called the map a “disgrace to our democracy” because of political gerrymandering.

Daniel P. TokajiCaucuses Will Still Lack Absentee Voting
Dec. 18, 2011
Featured Expert: Daniel P. Tokaji

Professer Daniel Tokaji was quoted by TheNation.com in an article discussing the lack of absentee voting in caucuses.

According to the author, only 6 percent of eligible Iowans voted in the Iowa caucus in 2004 while 30 percent voted in the primary.

“One group that’s sure to be adversely affected is people with disabilities who have difficulty travelling to the caucus site,” says Tokaji, an election law expert. “For some people with disabilities, voting by mail is much more convenient, if not essential.”

Daniel P. TokajiBoth sides insist judge make Ohio remap choice
Dec. 1, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted in an Associated Press article about an Ohio congressman's request to have a judge put contested GOP-drawn congressional lines into place immediately. The state Democratic Party is trying to put the map's fate before voters next year and has asked for a lawsuit by a Republican voter over the boundaries to be dropped, painting it as premature.

Tokaji, a redistricting expert, said having a judge implement the GOP-drawn lines would usurp Ohioans' right under the state constitution to challenge laws with which they don't agree. "The lawsuit seems to be the wrong relief here," he said.

The article was published by Ohio newspapers, including The Plain Dealer in Cleveland and The Crescent News in Defiance.

November, 2010

Daniel P. TokajiThe biggest loser on Election Day in Ohio will be Gov. Kasich, OSU experts say
Nov. 9, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow of Election Law @ Moritz, was quoted in an Examiner.com article about what Ohio Gov. John Kasich stands to lose in the Nov. 8 election, including the mandate he believes he has from voters to change collective bargaining rights for state workers.

"So much more is at stake beyond Issue 2 when voters go to poles on Tuesday,” Tokaji said, referring to election-law bills Kasich has signed into law this year.
 

Daniel P. TokajiElection Results: What 2011 Says About 2012
Nov. 9, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by U.S. News and World Report in an article about voters ousting politicians and legislation that went to extremes. Tokaji, a senior fellow of Election Law @ Moritz, says it's important not to interpret the union win in Ohio over Republican Gov. John Kasich's proposal limiting public union rights as an endorsement of Democrats.

"I wouldn't use the election results in Ohio to predict an Obama victory in Ohio or elsewhere, but I do think that this is a good example of what can happen if one political party gets too greedy," he says. "It tends to trigger a backlash and right now Gov. John Kasich and Ohio's Republicans are licking their wounds."

  TBAVoters repeal Issue 2; 'the people have spoken'
Nov. 9, 2011
Featured Expert: TBA

Professors David Stebenne and Daniel Tokaji were quoted by The Lantern in a post-Election Day analysis about what the defeat of Issue 2 means for Ohio Gov. John Kasich and the 2012 presidential election year ahead.

"Issue 2 was the most extreme situation," Stebenne said. "We can't know for sure, but its rejection would hopefully mean all of its proponents, like Kasich, would regroup and propose something less drastic."

Tokaji, a senior fellow at Election Law @ Moritz, said the Issue 2 protestors are so proactive that it may affect the upcoming presidential elections. "Issue 2 has mobilized its progressives in the opposite direction," he said. "This could have major consequences for the 2012 presidential elections."

Stebenne said he had similar thoughts. "Everyone is looking to see what Ohio does in this election," Stebenne said. "The win is big for Obama. There has not been a Republican president to be re-elected who has not won Ohio."

Tokaji also said the loss will affect Republicans greatly. "What we saw tonight is Democrats used the ballot box to fight back against the Republicans who now dominate the legislature and the governor's office," he said. "They were able to rally up some people who felt very strongly about the issue and used it to their advantage."

Daniel P. TokajiOhio voters overwhelmingly reject Issue 2, dealing a blow to Gov. John Kasich
Nov. 8, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow of Election Law @ Moritz, was quoted by The Plain Dealer in Cleveland in an article about voters’ rebuking Ohio Gov. John Kasich’s move to limit collective bargaining rights for state employees.

"I think there is no question this is a major black eye for the governor," Tokaji said. "He made the scaling back of collective bargaining rights really the signature issue of the first part of his administration, so this is a huge blow.

"The implications are quite significant and they really go beyond this issue," Tokaji said. "It will be a sign of a re-emergence of the Democratic party which has used the referendum to fight back despite Republicans controlling state government."

Daniel P. TokajiCounty plans to prevent provisional ballot problems
Nov. 7, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Cincinnati Enquirer in an article about a juvenile judge race from 2011 that is still unresolved due to contested provisional ballots. Tokaji, a senior fellow at Election Law @ Moritz, called moves to curb provisional voting "a pathetic attempt to justify provisions that are likely to have vote suppressing effect."

"If you think we have equal protection issues now, they're going to increase" if proposed House Bill 194 goes into effect, he said. Tokaji also believes the law will result in more litigation over elections.

Daniel P. TokajiEditorial: Wisconsin must preserve impartiality of GAB
Nov. 6, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an editorial by the Green Bay Press Gazette about a proposed bill that would exempt the Wisconsin Government Accountability Board administrative rules, including those covering recall elections, from Gov. Scott Walker's oversight before becoming policy. The board, which acts similarly to a board of elections, receives funding from the Legislature but is considered to operate independently.

The editorial grabbed a quote from Tokaji on the board's website: "The best American model is Wisconsin's Government Accountability Board, which consists of retired judges selected in a way that is designed to promote impartiality."

Daniel P. TokajiVoter's lawsuit could play role in Ohio map spat
Nov. 4, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted by The Associated Press in an article about a Clermont County lawsuit in which a Republican voter is suing the governor, state elections chief, and Legislature, alleging that Ohio's lack of a congressional map will render the 2012 unconstitutional. The plaintiff wants a judge in her county to draw up a new map. The piece was published in the Dayton Daily News.

Tokaji said the lawsuit appears to be an effort to ensure that any revised map remains favorable to Republicans. "It looks like a rat and smells like a rat. It has the marks of a collusive lawsuit brought by a Republican against Republicans in a court likely to tilt to Republican interests," he said.

Charles E. WilsonVoters will face full ballots Nov. 8
Nov. 3, 2011
Featured Expert: Charles E. Wilson

Professor Charlie Wilson was listed in This Week Community Newspapers as one of four candidates vying to be elected on the Worthington Board of Education. The article noted Wilson had been appointed to the board five years ago.

October, 2010

Edward B. FoleyOhio remap dispute churns toward legal showdown
Oct. 26, 2011
Featured Expert: Edward B. Foley

Professor Edward Foley, director of Election Law @ Moritz, was quoted by the Toledo Blade in an article about the ongoing debate surrounding Ohio's congressional map. The map was recently redrawn by a Republican majority and roundly criticized by Democrats who are willing to put a referendum on next year's ballot. Because that is well after the the 2012 congressional elections would begin, the likelihood of a state or federal court intervening increases.

The judge or judges would have several options, including imposing their own map, he said, but don't expect the judge to draw his own. "He would probably appoint a special master, which has been done in the past. He will try to have a reputation of neutrality. He won't want to be seen favoring one party or the other when they do this," Foley said.

"The court may entertain submissions both from the parties and public," he said. "Once in this terrain, the court would have what are called equitable powers because this would be seen as an emergency situation where all bets are off."

 

  TBAOUR VIEW: Lawmakers must improve election process; here's how
Oct. 25, 2011
Featured Expert: TBA

Election Law @ Moritz was cited by The Star Press in Muncie, Ind. in an editorial about election laws that should be changed, including the suggestion that Indiana should take an idea from Ohio and require names appearing on ballots be rotated in regard to their position.

The newspaper's editorial board stated, "According to Election Law @ Moritz, part of the Moritz College of Law at The Ohio State University: 'Studies have shown that being the first candidate listed for a race can give a candidate a 2-3 percentage point advantage. Perhaps this benefit occurs because Americans tend to review most information in their lives in a top-to-bottom, left-to-right way, and -- especially in less-publicized races -- may simply decide that the first candidate is 'good enough' without reviewing the rest of the candidates.' "

Charles E. WilsonLaw professor: Ohio’s anti-labor law SB5 will deplete public-sector union political, member strength
Oct. 21, 2011
Featured Expert: Charles E. Wilson

Professor Charlie Wilson was quoted by The American Independent in an article about the future of public sector unions in Ohio should Senate Bill 5 not be repealed on Nov. 8 as voters cast their decisions related to Issue 2. The bill not only strips public-sector unions of virtually all of their power to bargain collectively, but it will also greatly diminish their political power and could result in their demise altogether, the article stated.

“There will be no public-sector unions in Ohio after a couple of years,” said Wilson, a labor and education law professor. “I don’t think under Senate Bill 5 there will be any benefits [in being in a union] for the simple reason that you can bargain all you want but management gets to call all the shots,” said Wilson. “I don’t think anybody is going to see any benefit in joining the union. They will be become effectively social clubs.”

Daniel P. TokajiNo-reason absentee voting proposal comes with a catch
Oct. 20, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Michigan Messenger in an about absentee voting reforms in Michigan that would allow citizens to vote absentee for any reason, provided they pick up those absentee ballots in person. Most states already have no-reason absentee voting, and most, if not all, allow people to request their ballots by mail, said Tokaji, a senior fellow with Election Law @ Moritz.

Requiring some people to pick up their ballots in person “significantly limits the utility of no reason absentee ballots,” he said, even if it does provide a safeguard against voting fraud. “I don’t want to present the misleading idea that voting fraud is common,” he said. “It’s not, but in those instances where voter fraud has been demonstrated it almost always involves absentee ballots.”

Daniel P. TokajiGreat-Grandmother Is Object of Dispute in Ohio’s Union Fight
Oct. 19, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted by Bloomberg News Service in an article that ran in Bloomberg Businessweek as well. The article was about a great-grandmother from Cincinnati whose statements for a political advertisement supporting the referendum of a state law that would imit collective bargaining for public employees was taken and used by the other side.

Whether the First Amendment protects the re-use of the footage isn’t clear, Tokaji said. “I don’t think this campaign ad is false,” he said. “The real question is whether it’s misleading, and that’s a question on which I think reasonable minds might differ.”

Daniel P. TokajiOhio Republicans ponder next move as Democrats vow to take new congressional map to ballot
Oct. 18, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Plain Dealer in Cleveland in an article about Ohio Democrats' promise to collect enough signatures to block a new congressional map at the ballot in 2012.

If Republicans don't reach an agreement with Democrats on a new map, they likely would end up in federal court under a constitutional challenge, said Tojaki, an elections law expert and senior fellow at Election Law @ Moritz. "I think that is the most likely legal outcome assuming they gather enough signatures for a referendum," he said.

Daniel P. TokajiOhio Dems give GOP deadline to deal on new map
Oct. 18, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted by The Associated Press in an article about Democrats demanding to know whether Republicans are willing to compromise on a new congressional district map for Ohio. The current map is on hold after an Ohio Supreme Court ruling finding that it is subject to possible repeal by voters.

Tokaji said it is very unlikely Ohio will enter the 2012 presidential election year wtihout congressional districts. If the state did nothing and left the old congressional districts in place - which were drawn using population counts from 2000 - Ohio would be in violation of the U.S. Constitution, he said.

When asked whether he thought candidates would end up having tor furn for all 16 congressional seats statewide without any districts in a free-for-all, he laughed and said, "I guess you could. I don't think there are any constitutional barriers."

Daniel P. TokajiCourt ruling throws 2012 elections into chaos
Oct. 16, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Cincinnati Enquirer in an article about the Ohio Supreme Court's decision to allow Democrats to use a petition drive to stop the Republican congressional redistricting plan -- a move that some say will throw 2012 congressional elections into chaos. Tokaji, a senior fellow at Election Law @ Moritz, said he believes the Ohio Supreme Court was “dead-on right” in its decision.

“If there is anything surprising about this, it’s the fact the Republicans thought they could get around the possibility of having a referendum,” he said. “If there is chaos, it is entirely of the legislature’s making.”

  TBAExperts: Unclear whether use of Ohio grandma OK
Oct. 14, 2011
Featured Expert: TBA

Professors David A. Goldberger and Daniel Tokaji were quoted by The Associated Press in a wire story about deuling groups in the Issue 2 fight in Ohio using the same video clip of a Cincinnati great-grandmother to drum up support for their respective sides. The article was published by The Huffington Post, CBSNews.com, KRSO.com in Santa Rosa, Calif., andThe Republic in Columbus, Ind.

The controversy surrounds statements Marlene Quinn made for a political advertisement for We Are Ohio, the union-backed coalition fighting to repeal a law that would limit collective bargaining rights. Building a Better Ohio, a group defending the law, recut the footage for its own commercial, claiming the law will help, not hurt, firefighter staffing.

"I think her having thrown herself into the debate ... there's a First Amendment right to use her in response," Tojaki said.

Goldberger, agreed, saying as long as Building a Better Ohio used Quinn's image truthfully, the ad was fine.

"I don't think it's any different from her appearing in an interview and someone rerunning it on YouTube," Goldberger said.

However, in a letter to TV stations asking them to pull the ad, attorneys for We Are Ohio wrote that the way Quinn's image was used was "false and misleading." Goldberger said if a court or the Ohio Elections Commission decides that is true, Quinn could have grounds for a legal claim.

Daniel P. TokajiNew Voting Laws May Disenfranchise Millions of Americans
Oct. 12, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by PolicyMic.com in a piece about laws threatening gains in voter participation. Tokaji, a senior fellow at Election Law @ Moritz, said, “There is considerable evidence about who doesn’t have government-issued photo ID, which shows that certain groups – such as elderly, disabled, minority, and poor voters — are likely to be especially hard hit."

Daniel P. TokajiTV ads put Northside woman at center of SB 5 fight
Oct. 11, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Cincinnati Enquirer in an article about a pro-Issue 2 political advertisement that used video footage of a great-grandmother who appeared in an ad for the other side.

Marlene Quinn initially taped an ad for We Are Ohio, a group against limiting collective bargaining for public employees. The Better Ohio campaign, which supports Ohio Senate Bill 5, asserts it has a legal right to use Quinn's image and voice because she went beyond talking about a personal issue and entered the political realm.

That may be true, said Tokaji, an elections law expert. He said the First Amendment’s protection of political speech is a “plausible argument” for allowing Better Ohio to use the material.

Acknowledging that the legal argument is a gray area because “there is not a lot of case law” specific to this kind of incident, Tokaji said, We Are Ohio would have to prove Better Ohio recklessly disregarded the truth. That’s a higher standard of proof than proving the ad is misleading, “which is in the eye of the beholder.”

 

Ruth  ColkerProposed change to Ohio Constitution debated
Oct. 10, 2011
Featured Expert: Ruth Colker

Professor Ruth Colker was quoted by the Toledo Blade in an article about whether a state issue that would prevent leaders from implementing President Obama's health care law would withstand a U.S. Supreme Court ruling declaring the law constitutional. If the nation's high court decides Congress did not step beyond its authority in enacting the law, then even a state constitution can't stand in its way.

"You can't pick and choose federal statutes that you don't like," said Colker, a constitutional law expert. "We're a union."

Daniel P. TokajiGOP gets head start in races
Oct. 4, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Cincinnati Enquirer about the initial redistricting plans proposed by Ohio Republicans. The plans from the Ohio Campaign for Accountable Redistricting are better, said Daniel P. Tokaji, an elections expert and professor at Ohio State University's Moritz College of Law. "In their fairness and competitiveness, these plans are demonstrably superior to the one that this board has released," he said in testimony to the board. Tokaji is not associated with the Ohio Campaign.

Ruth  ColkerIssue 3 called symbolic
Oct. 2, 2011
Featured Expert: Ruth Colker

Professor Ruth Colker was quoted by The Cincinnati Enquirer in an article about how the outcome of Issue 3 likely will result in a court battle regardless of which side wins. If the amendment passes, opponents are likely to challenge it on grounds that state voters cannot refuse to follow a federal law. If the amendment fails, both sides will continue to argue in federal court over a key provision of the health care law that requires people to buy health insurance.

"This is sort of a waste of voters' time, because what the voters do won't matter," said Colker, a law professor who specializes in constitutional law. "People are wanting to express their opinion, but I'd say this is a symbolic gesture."

She said the most important fight is the one now under way in the federal courts over the so-called "individual mandate," which requires Americans to buy at least a basic health insurance policy.

September, 2010

Daniel P. TokajiAPNewsBreak: Ohio Dems sue over congressional map
Sep. 28, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Associated Press article about a lawsuit filed by Ohio Democrats over a last-minute legislative maneuver by Republicans to shield Ohio's new congressional map from ballot challenge. Ohio State University law professor Dan Tokaji has said the Supreme Court ruled in 2009 that only the appropriation portion of an appropriation bill is safe from voter repeal, not the rest of the legislation.



 

 

Daniel P. TokajiNew map gives GOP advantage in Columbus
Sep. 27, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Dayton Daily News article about the release of Ohio's new congressional map. Dan Tokaji, a professor at the Moritz College of Law at Ohio State University, called the map “a classic partisan gerrymander.” “They’ve packed Democrats tightly into a few districts and given Republicans a solid majority in most of the rest,” said Tokaji, an expert in election law and an advocate for redistricting reform. But, he said, Democrats have been “as guilty at gerrymandering in the past.” “Democratic oxes are being gored now,” Tokaji said. “This should teach us all that we need redistricting reform. We need to put control in the hands of people without a vested interest in the result.”

Daniel P. TokajiDems may sue over GOP remap
Sep. 26, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about a possible lawsuits by Ohio Democrats over a Republican plan to redraw House and Senate districts. Daniel P. Tokaji, an elections expert and professor at Ohio State University's Moritz College of Law, said the board's process is defective because it "has left precious little time for people to analyze the plans, much less assess any potential violations of federal or state law." He told the board, "The role of government is to serve the interest of the people, not the self-interest of incumbents or the party in power.... The people of Ohio should have a meaningful say - and I emphasize the word 'meaningful' - in the lines that will so deeply affect our fundamental right to vote."

Daniel P. TokajiBoehner to have wider constituency
Sep. 25, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by the Dayton Daily News in an article discussing Speaker of the House John Boehner's wider constituency following Ohio's redistricting. According to the article, Dayton's black community was split, which may have been a way for Republicans to protect their seats.

Tokaji said that contesting the split was going to be a dificult argument.

“You’ve got to be sufficiently concentrated so that you can draw a compact district with a majority of African-Americans or whatever the minority group in question is,” he said.

Daniel P. TokajiWinner Wouldn’t Take All as Pennsylvania Republicans Eye Electoral Votes
Sep. 23, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji was quoted by Bloomberg in an article discussing laws pertaining to electoral votes. According to the article, Pennsylvania Republicans are fighting to eliminate the winner-take-all system for electoral votes.

Pennsylvania has picked a Democratic candidate in each of the past five races, and eliminating the winner-take-all system would likely assure the Republican candidate of at least some votes because of the way some boundaries within the state are drawn to preserve party dominance.

“They’re all motivated by the same agenda to increase Republican share and representation,” said Tokaji, a senior fellow with the Election Law @ Moritz center.

Daniel P. TokajiExperts: Repeal-proof tactic used on congressional map likely isn't
Sep. 23, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by TheNews-Messenger.com in an article discussing the legality of a maneuver that protects the Republican-drawn congressional map from the possibility of a repeal by voters.

Tokaji said he thinks the redistricting plan is subject to voter referendum.

"I would expect in pretty short order litigation to that precise questions, specifically litigation to force Secretary (of State Jon) Husted to allow a referendum on the redistricting plan. I'd be really surprised if that didn't happen," Tokaji said.

Daniel P. TokajiRepublican Plan Would Parcel Out Pennsylvania’s Electoral Votes
Sep. 23, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by Bloomberg Businessweek in an article about Republicans in Pennsylvania trying to eliminate the winner-take-all system for electoral votes. The move might boost their presidential candidate’s chances in a state that picked the Democrat in the past five races and comes as Republicans across the country are fighting to tighten voting rules.

“They’re all motivated by the same agenda to increase Republican share and representation,” said Tokaji, senior fellow of Election Law @ Moritz.

Daniel P. TokajiExperts: With Ohio redistricting, repeal-proof tactic likely isn't
Sep. 23, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was quoted by The Associated Press in an article that was published in the Mansfield News Journal and other papers around the state. The piece was about a maneuver by state lawmakers that would protect a Republican-drawn congressional map from the possibility of repeal.

"It seems to me that the bottom line is the redistricting plan is subject to referendum (voter repeal)," Tokaji said. "I would expect in pretty short order litigation to that precise question, specifically litigation to force Secretary (of State Jon) Husted to allow a referendum on the redistricting plan. I'd be really surprised if that didn't happen."

Daniel P. TokajiKasich to OK new districts
Sep. 21, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by the Dayton Daily News in an article regarding Kasich's plan to OK the congressional redistricting plan. The plan is likely to meet a legal battle, according to the article.

Tokaji, a voting law expert, said issues that could be raised include possible violations of the 1965 federal Voting Rigths Act and the equal protection clause of the U.S. Constitution.

Steven F. HuefnerHow far does the streetcar ballot issue really go?
Sep. 18, 2011
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted by The Cincinnati Enquirer about legal experts' analysis that November's ballot issue to halt Cincinnati's streetcar plan until 2020 is written so broadly it could stop other rail projects in the city. "It would halt any streetcar project for the next decade, not limited to the current city plan," said Huefner, senior fellow of Election Law @ Moritz. "You could target this more narrowly to a very specific current plan, but that would make it a little more tricky to draft because the city could make small changes to side-step the amendment."

Daniel P. TokajiFormer Rep. Louis Stokes supports the new look of the 11th District
Sep. 17, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in The Cleveland Plain Dealer in an article discussing former Democratic congressman Louis Stokes' support of the new look of Ohio's 11th congressional district.

Tokaji said the district is "a classic partisan gerrymander" and is drawn to make race a predominant factor, which will likely draw the attention of the Supreme Court.

"Fifty-percent plus one is not the standard of the Voting Rights Act. The standard is the opportunity to elect representatives who are minority," Tokaji said. "And it is quite possible that an African-American candidate of choice can be elected from a district that is 48 percent African-American."

Daniel P. TokajiKaptur's district reshuffled
Sep. 14, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by the Toledo Blade in an article about congressional districts drawn in a new map proposed by House Republicans. Tokaji, a senior fellow at Election Law @ Moritz, said, "This proposed plan has all the earmarks of the partisan gerrymander, and I would be shocked if it were not challenged."

Daniel P. TokajiHB 194: Election Reform or Voter Suppression?
Sep. 13, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, senior fellow at Election Law @ Moritz, was interviewed as part of a segment on All Sides with Ann Fisher on WOSU. Among other points, Tokaji talked about when the law would go into effect.

Daniel P. TokajiOhio Dems criticize GOP's proposed US House map
Sep. 13, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Associated Press in an article that was published by the Dayton Daily News and other subscribers regarding new U.S. House districts proposed by Ohio Republicans. Tokaji, a senior fellow at Election Law @ Moritz, said the process was anything but transparent and the proposed plan had all of the hallmarks of a partisan gerrymander. "Put simply, that's no way to run a railroad," Tokaji said. "It is the people of Ohio who are being railroaded under the current process."

Daniel P. TokajiRep. Marcia Fudge says state-approved voter legislation will unfairly invalidate some ballots
Sep. 2, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Plain Dealer blog PolitiFact Ohio in its examination of a statement made by Rep. Marcia Fudge in regard to a sweeping election reform bill, H.B. 194. Tokaji, a senior fellow at Election Law @ Moritz, explained the various parts of the bill.

"The bottom line is that in some, but not all, circumstances, a ballot which has both a mark and the name of the candidate written in should be counted. Which is, of course, not to say that it will in fact be counted," Tokaji stated.

August, 2010

Daniel P. TokajiCitizens demand redistricting draft
Aug. 31, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Columbus Dispatch in an article about the fairness of sharing redistricting maps with the public far enough in advance of the Ohio Apportionment Board's Oct. 1 vote. A constitutional-law professor and election-law expert, Tokaji said that taking public comments before the maps are released in late September is not good enough.

“It’s essential to have a fair, open and transparent process for drawing district lines,” Tokaji said. He added that a few days at the end of September “is simply not enough time for those who care about how our district lines are drawn to review the proposed plans before they are voted on."

Daniel P. TokajiCuyahoga County Council OKs absentee ballot mailing; Husted drops plan to block ballot applications
Aug. 30, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Plain Dealer in an article about the showdown over processing absentee ballots in Cuyahoga County sent through the mail. The county's executive, a Democrat, announced that his office would pay for mass mailings to voters when Secretary of State Jon Husted, a Republican, banned boards of elections from sending them.

Tokaji, an election law expert, said Husted has authority over the state’s boards of elections, but not over other county officials such as FitzGerald. Tokaji added that a lawsuit could be filed in an attempt to stop FitzGerald from sending out the ballot applications, but he didn't think an argument about keeping voting standardized statewide would prevail.

“Sometimes non-uniform treatment actually promotes equality,” Tokaji said. “There’s a really strong argument that sending out absentee ballots promotes equality even if other counties aren’t doing the same thing.”

Daniel P. TokajiU.S. States Tighten Voting Regulation With Republicans in Charge
Aug. 25, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was interviewed by Bloomberg News Service for an article about the flurry of activity in passing election laws nationally. With Republicans taking control of most U.S. capitols this year and a presidential race looming, states have passed the most election-related laws since 2003 in a push to tighten voting rules. Expanded early voting is perceived to have helped Democrats, especially Obama in 2008, more than Republicans, said Tokaji, associate director of Election Law @ Moritz.

Michelle  AlexanderA Solution to Recidivism: Let Ex-Offenders Vote
Aug. 15, 2011
Featured Expert: Michelle Alexander

Professor Michelle Alexander was referenced in a blog posting by Mansfield Frazier for The Crime Report, a news service covering criminal justice in the U.S. and abroad. "Ohio State University law professor Michelle Alexander, in her brilliant 2010 book 'The New Jim Crow,' graphically details how the law was used take away the vote from African Americans by criminalizing them, and how the doors to the Court House were then slammed shut to prevent redress."

Daniel P. TokajiRep. Marcia Fudge says 11 percent of eligible voters lack a government ID
Aug. 9, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by PolitiFact.com in a piece assessing the validity of a statistic Congresswoman Marcia Fudge made pertaining to voters without a government-issued ID. Tokaji, an Election Law @ Moritz senior fellow, said he thought the figure she used from a 2006 survey conducted by the Brennan Center for Justice was "in the ballpark," in addition to citing another valuable study on voter ID laws.

Daniel P. TokajiRedistricting gets rolling in Ohio with Republicans holding the pen
Aug. 6, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Plain Dealer in Cleveland in an article about the shaping of new districts in Ohio following the most recent census. "I'm not expecting any new Republican districts, I'd look for a lot of safer Republicans districts and by extension safer Democratic districts," he said. "They will likely all be less competitive."

Daniel P. TokajiSupreme Court campaign finance ruling spurs wild ride in Wisconsin
Aug. 2, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Washington Times in an article about outrageous spending in Wisconsin campaigns by outside entities. “I can’t tell whether it was intentionally misleading or just incorrect info. It’s very troubling when an outside group is sending out materials that may cause votes to not be counted," he said, after examining a flier at the center of voter suppression complaints.

Daniel P. TokajiIs Ohio’s vote on health-care mandate only symbolic?
Aug. 1, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Columbus Dispatch about an Ohio ballot measure that would abolish the controversial federal health-care mandate and what it would actually do, if passed. Tokaji, a constitutional expert, said the proposal’s “legal impact can be summed up in one word: zero.”

July, 2010

  TBAOhio House leader says voter photo ID bill is dead
July 29, 2011
Featured Expert: TBA

Election Law @ Moritz was cited by The Repository, the daily newspaper serving the Canton area, in an article about a proposal that would have required Ohio voters to show photo identification at the polls. "Ohio isn’t the only state to toy with the idea of requiring voters to present photo identification. Seven states already have such provisions in their laws, according to the Ohio State University Moritz College of Law, which gathers data nationally on election law," the article states.

Daniel P. TokajiOhio IDs exceed voter-age residents
July 24, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Columbus Dispatch and other various news outlets about a bill that would require Ohio voters to have a state-issued driver's license or photo ID. The Dispatch reported there are discrepancies between the number of IDs and voters on record. Tokaji, who specializes in election administration, said there are several reasons there could be more licenses than people: The BMV could be double-counting some people who have multiple licenses, such as motorcycle licenses; many people with Ohio IDs have recently left the state in search of work; or the census is undercounting the true Ohio population. "It's just not possible that every citizen in Ohio has a driver's license," Tokaji said. "We may not know exactly how many don't, but we know that it's not the case."

Daniel P. TokajiRedistricting warning shots fired
July 21, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted by The Columbus Dispatch in an article from the first public hearing on the map-drawing process for redistricting, held by an Ohio House and Senate committee traveling the state for feedback. "What can and should be avoided is a process in which a map is rammed down the public's throat with little or no meaningful opportunity for public comment," saidTokaji, an expert on election law.

Daniel P. TokajiRedistricting contest all set for your ideas
July 20, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji, an election law expert, was quoted in a Columbus Dispatch article about a competition allowing Ohio residents to draw their own redistricting maps. Tokaji said that, unlike people in his profession, many voters aren't in the know about redistricting. This contest, he said, is their chance to get involved and for "the people to take back the reins of power, whatever their political beliefs."

June, 2010

  TBA16 Democratic senators seek involvement of AG as more states push photo ID requirement to vote
June 29, 2011
Featured Expert: TBA

The Election Law @ Moritz program was quoted in an Associated Press article about the request of 16 democratic senators to the U.S. Department of Justice to look into whether voting rights are being jeopardized by the recent surge in the number of states requiring a photo ID to vote. Election Law @ Moritz provided background and statistics for the article.

Daniel P. TokajiOhio voter I.D. bill hits roadblock
June 28, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was mentioned in an article on the PBS Show Need to Know about a delay in a vote proposing a new voter ID law for Ohio.   Election law expert Daniel Tokaji told Need to Know that he fears these changes will cause confusion on Election Day. “Let’s bear in mind, most of this stuff is going under the radar,” Tokaji said. “What’s likely to happen is that a lot of voters are going to show up at the polling place at their primaries in 2012, or in November 2012, and find, to their dismay, that the rules have changed and that it’s going to be more difficult to vote and have one’s vote counted.”

Daniel P. TokajiOhio Senate postpones vote on photo ID bill
June 24, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Mansfield News-Herald and dozens of other newspapers about the postponement of a bill in the Ohio Senate that would require all voters to present a photo ID at the polls. “It would be a terrible mistake, one that would surely haunt our state for years to come, if this bill were enacted into law,” said Ohio State University election law professor Dan Tokaji. “Simply put, HB 159 would make it more difficult for eligible citizens to vote and have their votes counted, while doing nothing to address electoral integrity.”

 

Daniel P. TokajiDebate over election reforms has partisan tone
June 23, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Zanesville Times Recorder and other newspapers about the partisan tone of many recent or pending election administration issues.  "You don't need to be an elections law professor to know what is going on here," Tokaji said. "It's a power grab, pure and simple. It's Republicans trying to hold down the Democratic vote."

Daniel P. TokajiOhio ACLU threatens lawsuit if Buckeye photo ID bill becomes law
June 23, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in The Examiner about a potential lawsuit that will be filed by the Ohio ACLU if bill is passed in the Ohio legislature that would require voters to show a photo ID at the polls.  Dan Tokaji, an OSU law professor whose expertise is in voting rights and voting technology among other areas of study, offered his comments on the bill, on which he offered testimony. "If the bill passes in its present form, I think there’s a strong chance of a lawsuit succeeding," he said. "The bill doesn’t have the same protections for indigent voters and those with ID as the laws that were upheld in Indiana and Georgia. It’s also vulnerable to a lawsuit claiming that it’s racially discriminatory under the Voting Rights Act, which prohibits practices having a discriminatory RESULT, not just those motivated by discriminatory intent."

 

Daniel P. TokajiVoter ID provision yanked from bill
June 22, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an article in the Springfield News-Sun about the removal of a voter photo ID provision from an elections reform bill in the Ohio Senate. The article said: "Ohio State University law professor Daniel Tokaji, an elections law expert, said there is no evidence that Ohio has problems with voter impersonation at the polls. In his research, he said he found only one instance of voter impersonation in Ohio over the past 10 years and it involved an absentee voter."

Daniel P. TokajiPhoto-ID rule removed from elections bill
June 22, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Columbus Dispatch in an article about the Ohio Senate's decision to put a controversial voter photo ID requirement in separate legislation. "You don't have to be a law professor to figure out what's going on here," Tokaji said. "This is a power grab. It is a transparent effort by Republicans to make it more difficult to vote."

Daniel P. TokajiPoll Positioning: Voter ID Laws
June 18, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was on the PBS Show Need to Know discussing a new proposed voter photo ID law in Ohio.

Daniel P. TokajiSuppressing The Right To Vote
June 10, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Jewish Times of South Jersey in a column about the passage of strict voter photo ID laws in several states. Daniel Tokaji, a law professor at Ohio State University and an expert in election law, said that the changes are likely to affect close elections. “Remarkably, most of the significant changes are going under the radar. A lot of voters are going to be surprised and dismayed when they go to their polling places and find that the rules have changed.”

May, 2010

Daniel P. TokajiGOP Moves to Tighten Vote Rules in 13 States
May 31, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Newsmax article regarding the GOP's efforts to stiffen voter identification laws across the country. State Republicans have long attempted to legislate photo identification requirements and other changes, said Tokaji, a law professor at Ohio State University and an expert in election law. Previous bills were largely derailed after the Bush administration fired several United States attorneys whom Republicans had criticized for failing to aggressively investigate voter fraud, according to the Times.

“That’s what really killed the momentum of more states’ enacting voter ID laws,” Tokaji said. “Now with the last elections, with the strong Republican majorities in a lot of states, we’re seeing a rejuvenation of the effort.”



 

Daniel P. TokajiRepublican Legislators Push to Tighten Voting Rules
May 28, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a New York Times article about the push in 13 states with Republican-controlled statehouses to reduce the number of days in early voting, tighten voter registration rules, and require photo identification at polling places. The article said: Republicans have tried for years to get photo identification requirements and other changes through legislatures, said Daniel Tokaji, a law professor at Ohio State University and an expert in election law. Similar bills were introduced over the past decade, but were largely derailed in the aftermath of a political battle over the Bush administration’s firing of several United States attorneys whom Republicans had criticized for failing to aggressively investigate voter fraud.

“That’s what really killed the momentum of more states’ enacting voter ID laws,” Mr. Tokaji said. “Now with the last elections, with the strong Republican majorities in a lot of states, we’re seeing a rejuvenation of the effort.”

Donald B. TobinPOLITICALLY ACTIVE NONPROFITS MAY SEE CONSEQUENCES
May 26, 2011
Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted on a Center for Responsive Politics blog about the possibility of tax-exempt 501(c)(4) organizations having their status revoked for intervening in political campaigns. "Lots and lots of things that would not be considered 'express advocacy' by the FEC, the IRS would consider intervention in a political campaign," Tobin said.

 

Daniel P. TokajiVoter ID debate could change 2012 landscape
May 25, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an MSNBC story about the effect new voter identification laws could have on voter turnout. “It’s very difficult to trace the precise effect of ID laws on actual turnout, since there are so many things that can affect participation,” said Daniel Tokaji, an election law expert at Ohio State University’s Moritz College of Law. But, he said “there is considerable evidence about who doesn’t have government-issued photo ID, which shows that certain groups – such as elderly, disabled, minority, and poor voters — are likely to be especially hard hit.”

Tokaji said the bill passed by the Ohio House to require photo ID for voters “adds to the individual costs of voting — both in terms of money and time — with the ultimate result of reducing participation by the Democratic-leaning voters who don't already have the required ID. It's certainly no accident that student ID, even from a state school, is left off the list."

However, unlike the Ohio House bill, Wisconsin's law would allow students wanting to vote to use a valid identification card issued by a university or college in Wisconsin, or allow a person to obtain a free state ID if he cannot afford the fee.

But Tokaji said the Republicans are aiming at the wrong target. Most documented vote fraud involves mail-in absentee ballots — and yet the proposed Ohio legislation does not address that problem. “This reveals that the issue of voter fraud is a red herring — especially when one considers the utter lack of evidence that voter impersonation at the polls is a significant problem,” he said.

Daniel P. TokajiRestricting Access or Restoring Integrity?
May 18, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Cincinnati City Beat article regarding a push for stronger voter identification law in Ohio.  “Provisions of this bill will upset the stability of our election system and make it more difficult for eligible citizens to vote and have their vote counted,” says Daniel P. Tokaji, a professor with the Ohio State University’s Election Law @ Moritz project. “House Bill 194 will result in years of controversy, litigation and confusion for the state of Ohio, at a time when Ohio’s election system is functioning better than it did in 2004. The net effect of the bill would be to make our election system worse than better.”

Daniel P. TokajiMike DeWine caught in crossfire on court challenge to campaign finance law
May 13, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Cleveland Plain Dealer about an Ohio campaign finance law barring Medicaid providers from  giving to campaigns for attorney general or county prosecutor and whether Mike DeWine, current Ohio Attorney General, broke that law because of his stock interests in Walmart, CVS, Kroger. Daniel Tokaji, a professor of law at Ohio State's Moritz College of Law, called the move to draw DeWine into the case "procedural skirmishing" but said it does speak to whether the law is drawn too broadly. While Tokaji doesn't think "it's too far-flung an interpretation" to apply the law to DeWine or other holders of stock in corporations such as Wal-Mart, CVS or Walgreens, he said there is a matter of greater concern. "There is a bigger issue here which is whether singling out this particular group of contributors -- namely Medicaid providers -- is constitutionally permissible," Tokaji said. "I think the state has to come with some stronger evidence that contributions from this group have led to corruption than what I've seen in the record."

Donald B. TobinI.R.S. may tax gifts to groups active in politics
May 12, 2011
Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in the New York Times, MSNBC.com, and other media outlets about the possibility the IRS may tax political contributions to certain types of organizations. “There are a whole heck of a lot of people misusing (c)(4) groups as a means of getting around campaign finance regulations, and we lack a coherent system of laws to deal with that,” said Donald B. Tobin, a legal expert on campaign finance and tax laws at the Moritz College of Law at Ohio State University. “Now here’s a stick, frankly, that says there are consequences for doing that.”

Donald B. TobinSecret Cash Dominates in State Court Races
May 12, 2011
Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in Business Week about the increase in unidentified donors contributing money to state judicial races.  Anonymous contributions are legal in both Michigan and Ohio—and that's the problem, says Donald B. Tobin, a professor at the Ohio State University Moritz College of Law who specializes in campaign finance. "Whenever you have a lack of disclosure, you have a feeling of corruption or the feeling that you're not getting a fair day in court."

April, 2010

Donald B. TobinDemocrats opt for pragmatism on secret donors
Apr. 29, 2011
Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted on MSNBC in an article about political ads run by 501(c)(4) nonprofit organizations.  “The problem with highly connected people like Karl Rove or Bill Burton forming these groups is it is hard to believe that successful politicians will have no idea who gave to the independent organizations," Tobin said. He continued, "but that doesn’t mean that a successful president will not know who his friends are. “This clearly raises significant concerns regarding the corruption of money and politics. You have situations where donors and candidates know of the support but no one else. Large, secret, contributions are a recipe for abuse and corruption.”

Donald B. TobinFive 2012 story lines to watch in 2011
Apr. 28, 2011
Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in an MSNBC article about the top five stories to watch for in the upcoming presidential election. Under number four, New Channels for Money, the story said: "Donald Tobin, an expert on the intersection of tax law and campaign finance law and a professor at Ohio State University’s Moritz College of Law, predicts 'an amazing explosion of these 501c4s in 2012.'”

Daniel P. TokajiWhat the law says about 'birther' bills
Apr. 25, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji was invited by CNN to write and opinion piece on the legalities of so-called "birther bills" that require presidential candidates to prove citizenship before they can appear on a ballot in a state. "States have the power to determine whether presidential candidates are qualified to serve. They don't have the power to impose new requirements that would keep qualified candidates off the ballot. Imposing additional qualifications would violate Article II of the Constitution," Tokaji wrote.

Ruth  ColkerAllow Ohio's college students to use school IDs to prove residency when voting
Apr. 20, 2011
Featured Expert: Ruth Colker

Professor Ruth Colker was quoted in the Cleveland Plain Dealer in a post focusing on Ohio House Bill 159, which would require all voters to show a state-issued photo ID in order to vote. "No one has raised a single example of an incident of voter fraud in Ohio that was not prevented under current law but would have been prevented if HB 159 were in effect," wrote Colker.

Daniel P. TokajiOSU law prof, citizen watchdog comment on Ohio SOS disability voting grants
Apr. 18, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Examiner about a recent proposal by the Ohio Secretary of State to provide grants to improve accessibility to and participation in the election process for individuals with disabilities.  Tokaji provided extensive comments related to HAVA - the Help America Vote Act - and common barriers those with disabilities face when trying to vote.

Daniel P. TokajiAriz. plows controversial ground with birther bill
Apr. 16, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in dozens of publications, including the Salt Lake City Tribune, Fox News, and St. Paul Pioneer Press, about the Arizona legislature's bill requiring all Presidential candidates to prove their citizenship before their names can appear on the ballot.  The article said: Daniel Tokaji, an election law expert at Ohio State University's law school, said he doesn't think the bill on its face conflicts with federal law. But he said a court might find its application unconstitutional. "I think the state of Arizona, like any other state, is entitled to formulate rules to ensure that candidates whose name appear on the ballot are in fact qualified," Tokaji said.

Edward B. FoleyU.S. Supreme Court Wants Quick Response in Ohio Vote-Counting Case
Apr. 11, 2011
Featured Expert: Edward B. Foley

Professor Ned Foley was quoted in a Ballot Access News article about the Hamilton County Board of Elections request in the U.S. Supreme Court to stay an order by the U.S. Sixth Circuit Court of Appeals requiring certain provisional ballots from a November 2010 judicial election to be counted. The article said: "The brief also points out that election law professor Ned Foley wrote recently that this case is the most significant instance so far in which a lower court has depended on Bush v Gore."

Howard P. FinkWhy we shouldn't abolish the Electoral College
Apr. 10, 2011
Featured Expert: Howard P. Fink

Professor Howard Fink wrote an opinion editorial in the Tampa Tribune arguing in favor of the Electoral College.  Fink argued that the Electoral College provides stability when elections are close and waiting for a nationwide recount would be chaotic.

Daniel P. TokajiOhio House Speaker William G. Batchelder says Georgia’s voter ID law didn’t dissuade black voters from participating
Apr. 4, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji was quoted in the Cleveland Plain Dealer's PolitiFact Ohio column about whether a voter ID law in Georgia, which is similar to one proposed in Ohio, affected voter turnout. "It's an obviously specious argument," said law professor Daniel Tokaji, associate director of Ohio State University's Election Law @ Moritz project, who testified against the photo-ID bill. "A lot of things affect turnout. The last two election cycles are ones in which the Democratic base has been extraordinarily motivated."

 

Ruth  ColkerVoting law would disenfranchise the young and the elderly: Ruth Colker
Apr. 2, 2011
Featured Expert: Ruth Colker

Professor Ruth Colker wrote an op-ed in the Cleveland Plain Dealer regarding Ohio House Bill 159, which would require voters to show a state-issued photo id at the polls prior to voting. "HB 159 would disenfranchise many voters, in particular the young and the elderly, and is a waste of resources at a time when our state is struggling financially," Colker wrote.

March, 2010

Ruth  ColkerProposed Ohio Voter ID Law Most Stringent in Country
Mar. 29, 2011
Featured Expert: Ruth Colker

Professor Ruth Colker was interviewed by KPKF Pacifica Radio regarding Ohio House Bill 159, which would significantly change Ohio's voter identification law.  Colker discussed the bill's impact on both young and old citizens as well as economic consequences. 

Ruth  ColkerPhoto-ID bill is a solution in search of a problem
Mar. 28, 2011
Featured Expert: Ruth Colker

Professor Ruth Colker published an op-ed in the Columbus Dispatch regarding Ohio House Bill 159, which would change Ohio's voter identifcation law. Colker strongly advocated against the bill, arguing it would disenfranchise both young and old voters.

Daniel P. TokajiReview casts doubt on outcome of race
Mar. 27, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji was quoted in a Toledo Blade article on the counting of provisional ballots in the November race for Lucas County Commissioner. The article said: "A widely respected election-law expert contacted by The Blade, Daniel Tokaji of the Ohio State University Moritz College of Law, said: 'It seems to me there were some interesting questions of law that could have reasonably been decided both ways.' Still, he said Ohio courts have a history of erring on the side of the voter when the flaw can be blamed on a mistake by an election worker. 'I think the lesson for candidates in the future is if you've got a strong case for not counting certain ballots, get judicial action before the ballots are counted. It's hard to put the genie back in the bottle,' Mr. Tokaji said."
 

Daniel P. TokajiOhio Republicans pass new Jim Crow law disenfranchising 900,000 voters
Mar. 24, 2011
Featured Expert: Daniel P. Tokaji

Professor Daniel P. Tokaji was quoted in an OpEdNews.com and The Free Press column regarding an proposed new voter identification law in Ohio. The article said, "Usually cautious critics like Dan Tokaji, Professor of Law at Ohio State's Moritz College of Law, offered dire assessments: 'Disenfranchisement' isn't a word to be used lightly. But it is necessary to capture this bill's purpose and impact. Passage of this bill would restore our state's unfortunate reputation as our nation's capital of vote suppression.'"

 

Daniel P. TokajiMaking voters show photo ID is bid to hassle
Mar. 24, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in the Springfield News-Sun about an Ohio House bill that would require voters to show a photo ID at polling places. The article said:  Daniel Tokaji, associate director of Ohio State University’s Election Law @ Moritz project, said the bill “would make it more difficult for eligible citizens to vote and have their votes counted, while doing nothing to promote electoral integrity.”

Daniel P. TokajiVoter photo-ID bill moving fast through Ohio House
Mar. 22, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Dispatch story about a bill moving through the Ohio House of Representatives that would require voters to show a photo ID before voting. The story states: “In written testimony to the committee, Daniel Tokaji, associate director of Ohio State University's Election Law @ Moritz project, said the bill ‘would do much harm and no good.’ It ‘would make it more difficult for eligible citizens to vote and have their votes counted, while doing nothing to promote electoral integrity.’”

Daniel P. TokajiOSU voting law prof says GOP voter ID bill 'another great embarrassment for Ohio
Mar. 22, 2011
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Examiner article about the Ohio Fair and Secure Elections Act bill, which would require voters to show a photo ID at the polls in order to vote. Tokaji was quoted extensively and said, "Sadly, this appears to be its only real purpose. Its passage would be yet another great embarrassment for our state."

January, 2010

Edward B. FoleyIll. high court: Emanuel can run for Chicago mayor
Jan. 28, 2011
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an Associated Press story about the Illinois' highest court putting Rahm Emanuel back in the race for Chicago mayor. The story states: “But Edward Foley, a law professor at Ohio State University, said the high court ruling made sense. ‘This wasn't a slam-dunk for Emanuel going in," he said. "But it shows the justices saw the appellate court ruling as a hiccup.’ When faced with an ambiguity in election law, he said, the justices ‘decided that you want to err on the side of letting voters vote for candidates that they want to.’”

Edward B. FoleyWhat does it mean to be a resident of a city?
Jan. 26, 2011
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an Associated Press story about Rahm Emanuel running for Chicago mayor. The story states: “Edward Foley, a law professor at Ohio State University who heads the school's election law program, said the court's decision to disregard intent was striking. ‘There is a general theme in election law that when in doubt, you err on the side of democracy,’ he said. ‘If there is any doubt about the understanding of the statute, you interpret it so that you let the voters decide.’”

Charles E. WilsonDon't restrain unions after high court ruling
Jan. 13, 2011
Featured Expert: Charles E. Wilson

Professor Charles Wilson was mentioned in an Island Packet story about the U.S. Supreme Court ruling in the case of Citizens United v. Federal Election Commission that ruled that corporations and labor unions, in accordance with the First Amendment, can give unrestricted amounts of money to political campaigns. The story states: “Many states have growing deficits and reduced tax revenues. State officials are wrestling with ways to curb salaries and pensions of government employees, funds that make up a large part of their budgets. Republican lawmakers in 16 states are considering a law that would require each worker to approve the use of any union dues before it could be spent for political purposes. According to Charles Wilson, a law professor at Ohio State University, if this happened, it would be the end of the American union movement.”

Edward B. FoleyJudge choice thrown into chaos
Jan. 12, 2011
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Cincinnati Enquirer story about a federal judge ordering Hamilton County election officials to count more than 150 disputed ballots in the race for juvenile court judge. The story states: “‘It’s important for this election, but it’s also important for setting the legal terrain for what might happen to the law in 2012,’ said Edward Foley, director of the election law program at Ohio State University. “The answer to the equal protection question in this case will be an important precedent.’”

Edward B. FoleySecretaries of state up the political ante
Jan. 3, 2011
Featured Expert: Edward B. Foley

Professor Edward Foley was recently quoted in a Stateline story about Kris Kobach and Scott Gessler preparing to take office as secretary of state for Kansas and Colorado, respectively. The story states: “But voters seem to have an allergic reaction to making elected positions into appointed ones, in the view of Edward B. Foley, an Ohio State University law professor who specializes in election law: ‘Voters say, ‘Hey, I trust myself — I want this to be an elected office.’’”

December, 2010

Daniel P. TokajiOSU law expert reviews new 'Citizens United' disclosure rules
Dec. 29, 2010
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was recently quoted in an Examiner.com story about a set of approved permanent rules designed to address the impact of the "Citizens United" case in, which Ohio may raise Constitutional issues and have a big loophole in them. The story states: “Tokaji, a reliable and recognized expert in election law, civil rights, and federal courts who has litigated numerous civil rights and election law cases, cautioned upon review of the new rules that the big loophole he saw ‘is that for-profit corporations may be able to funnel money through another organization, and thereby prevent the public from following the money.’”

Daniel P. TokajiSeminal papers on election law and election administration
Dec. 21, 2010
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was recently mentioned in a press release about a festschrift honoring Daniel H. Lowenstein in the current issue of Election Law Journal. The story states: “A host of legal luminaries feted Lowenstein at a day-long conference earlier this year, sponsored by Election Law Journal and UCLA School of Law. Their presentations are published in the current issue of the Journal, and the last issue to be co-edited by Lowenstein and co-Founding Editor Richard Hasen, from Loyola Law School, who will hand over the editorial reins of the newly named Election Law Journal: Rules, Politics, and Policy to Paul Gronke, Professor of Political Science at Reed College, and Daniel Tokaji, Professor of Law at The Ohio State University, Moritz College of Law.”

Edward B. FoleyEmmer concedes governor’s race to Dayton
Dec. 8, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Politics in Minnesota story about Republican Tom emmer conceding the Minnesota governor’s race to DFLer Mark Dayton. The story states: “‘I haven’t seen anything that has suggested we’re not at the end of the road,’ he said after reviewing the opinion. ‘Every election has a losing candidate. Someone has to lose. At some point it’s over when it’s over; you can’t simply say ‘I wanted to win’ and go to court.’”

Edward B. FoleyEmmer to concede governor's race
Dec. 7, 2010
Featured Expert: Edward B. Foley

Professor Ned Foley was recently quoted in a Minneapolis Star-Tribune story about Republican Tom Emmer being expected to concede the Minnesota governor's race to DFLer Mark Dayton on Dec. 8. The story states: “Edward Foley, an election law professor at Ohio State University, said the Supreme Court opinion was a complete rejection of Emmer's argument. If an Emmer victory ‘was a galaxy away before, it is now clusters of galaxies away,’ he said.”

Edward B. FoleyElections experts say Emmer win unlikely after recount
Dec. 2, 2010
Featured Expert: Edward B. Foley

Professor Ned Foley was recently quoted in Minnesota Public Radio segment on the unlikelihood of Republican Tom Emmer winning Minnesota's race for governor. The story states: “‘If you surveyed the history of recounts all around the 50 states, it's extremely unlikely that you could overturn a margin of victory that's 1,000 or 2,000 votes,’ said Ned Foley, from the Ohio State University College of Law. ‘When you get up to 8,000 or 9,000 votes, that's huge odds against you.’”

Edward B. FoleyFrom count room to courtroom?
Dec. 1, 2010
Featured Expert: Edward B. Foley

Professor Ned Foley was recently quote in a Minneapolis Star-Tribune story about the possibility of a Minnesota’s governor race moving to the courtroom after a recount. The story states: “‘If you can't demonstrate a number of questionable ballots that are equivalent to the margin of victory, it's a non-starter,’ said Ned Foley, a professor of election law at Ohio State University. ‘If the numbers aren't there, you can't win.’”

November, 2010

Daniel P. TokajiIowa secretary of state plans to seek re-election
Nov. 24, 2010
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was recently quoted in a Quad-City Times story about Iowa Secretary of State Matt Schultz’s plan to run for re-election in four years, and the changes he will make regarding voter ID laws. The story states: “The public generally supports voter ID laws, according to Daniel Tokaji of the Moritz College of Law at The Ohio State University, who specializes in voting law.”

Edward B. FoleyMinn. election law: Clarity quickly chased by confusion
Nov. 22, 2010
Featured Expert: Edward B. Foley

Professor Ned Foley was recently quoted in a Minneapolis Star-Tribune story about the well-intentioned election laws of Minnesota that may be muddied by a coming recount. The story states: “‘Something can always come up, even in a well-designed election system,’ said Ned Foley, an election law professor at Ohio State University.”

Edward B. FoleyAlaska's Miller waits to see if write-in challenge adds up
Nov. 13, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in an MSNBC story about the laws of write-in ballots in the race in Alaska. The story states: “‘I can see a judge easily saying there's no wiggle room under the statute or there's a little wiggle room but not a lot,’ he said. Some courts in election matters have taken a "tough luck," rules-are-rules approach, he said, while others have proved more lenient to keep voters from being disenfranchised.

Edward B. FoleyState election system is better, not faster
Nov. 9, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was recently quoted in a Minneapolis Star-Tribune story about the effectiveness of changes to election law in Minnesota since the 2008-2009 election. The story states: “A nationally recognized election law scholar, Edward Foley of Ohio State University, watched Minnesota's 2008-09 U.S. Senate recount and election contest and became an admirer of this state's precise election laws and even-handed administration. But, he added, ‘you have the virtue of fairness at the expense of taking too long.’ He warned that a close election for governor or president would make that flaw loom large.”

Edward B. FoleyExperts Skeptical Of Lawsuit Over Minn. Gov. Race
Nov. 7, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was recently quoted in a story reported by WCCO TV about whether or not the GOP can sue its way to victory in the Minnesota governor’s race. The story states: “Edward Foley, a law professor at Ohio State University, said he hasn't seen anything yet that would give sufficient legal grounds for an Emmer lawsuit to succeed. ‘There would need to be problems in the voting process that are violations of the law that could make a difference in the outcome,’ Foley said.”

Edward B. FoleyAnd the winner is ... Pawlenty?
Nov. 4, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in a Minneapolis Star-Tribune story about the close Minnesota governor’s race. The story states: “Ned Foley, an election law professor at Ohio State University, said his study of recounts found they rarely change the result and then only when the election night loser is fewer than 2,000 votes short of victory.”

Terri L. EnnsRough start only got worse for Democrats
Nov. 3, 2010
Featured Expert: Terri L. Enns

Professor Terri Enns was quoted in The Lantern in a story about Republican Rob Portman winning Ohio’s open Senate seat. The story states: “‘Portman gets talked about as a potential Republican candidate for president,’ said Terri Enns, clinical professor of law at Ohio State's Moritz College of Law.”

Charles  StewartKasich wins race for governor
Nov. 3, 2010
Featured Expert: Charles Stewart

Professor Charles Stewart was recently quoted in The Lantern in a story about Ohio returning to its traditionally Republican roots. The story states: “Democrats will need to convince moderate voters of their stance on the economy and the deficit before the 2012 election, said Charles Stewart, a visiting scholar at the Ohio State Moritz College of Law and a professor of political science at MIT.”

Daniel P. TokajiUsing Provisional Ballots
Nov. 3, 2010
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was a featured guest on WBNS-10TV on Wednesday morning following Tuesday’s election. Tokaji discussed provisional ballots, how they are used, and what procedures are in place to count them.

Steven F. HuefnerProvisional Ballots in Delaware County
Nov. 3, 2010
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in a story on WBNS-10TV in Columbus following Tuesday’s elections. Questions centered on the use of provisional ballots because polling places had been moved in Delaware County, Ohio.

Donald B. TobinTobin: CEOs Shouldn’t Use Corporate Treasury as Personal Political Piggy Bank
Nov. 2, 2010
Featured Expert: Donald B. Tobin

Professor Donald B. Tobin recently published an Opinion Editorial in Roll Call about CEOs contributing company funds in support of political candidates. The piece states: “A corporation can have a business purpose for making a political contribution, and such a contribution would not necessarily violate the executive’s fiduciary duty to the shareholders, but the CEO cannot make a contribution from the corporation that is based solely on the CEO’s friendship with the candidate. CEOs simply cannot use the corporate treasury as a personal piggy bank.”

Daniel P. TokajiIn Ohio, Absentee Ballots Surge .
Nov. 2, 2010
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in a Wall Street Journal story about the high percentage of absentee ballots cast in Ohio. The story states: “Daniel Tokaji, a law professor at Ohio State University's Moritz College of Law, says that in recent years the political parties have been encouraging people to vote absentee in light of worries about waning voter enthusiasm. ‘They were worried they might not turn up at polls on Election Day,’ he said.”

Daniel P. TokajiMore Voting Headaches Ahead?
Nov. 1, 2010
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in a National Journal story about the functioning of voting systems during the upcoming elections. The story states: “‘I actually am cautiously optimistic,’” said Daniel Tokaji, a professor at Ohio State University’s Moritz College of Law. ‘We’re now getting to the point where local election officials and poll workers are becoming more familiar with voting requirements. And I may be foolish, but I’m expecting fewer problems this time around.’”

October, 2010

Edward B. FoleyAlaska’s Murkowski seeking write-in win
Oct. 28, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was recently quoted in a USA Today story about Alaska Sen. Lisa Murkowski hoping for a successful statewide write-in campaign. The story states: “Edward Foley, who directs an election law institute at Ohio State University, said it’s too soon to know whether that battle could lead to a smaller version of the Florida ballot-counting controversy of 2000.”

Daniel P. TokajiCamps Lawyer Up For High-Pressure Election Day
Oct. 27, 2010
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a National Journal story about lawyers and activists gearing up for the upcoming election after reaching a record number of registered voters. The story states: “The use of provisional ballots may also boost the risk of a legal tussle. The Help America Vote Act of 2002 requires election officials to offer provisional ballots to voters whose registration is in question. The surge in new voters, coupled with voter roll problems and controversies, make such questions more likely this year. But rules for counting provisional ballots vary from state to state, and their use tends to encourage lawsuits. ‘If you have provisional ballots, it increases the margin of litigation,’ said Daniel Tokaji, a law professor at Ohio State University.”

Donald B. TobinSecret campaign contributions: Are they breaking the law – or just bending it?
Oct. 27, 2010
Featured Expert: Donald B. Tobin

Professor Donald Tobin was recently mentioned in The Christian Science Monitor is a story about massive campaign funding organizations that use the tax law to protect the anonymity of their donors. The story states: “What could the IRS do about it? According to Ohio State tax professor Donald Tobin, quite a lot actually. (Thanks to the TaxProf blog for posting this). It could subject the donors to the gift tax. It could reclassify these groups as Sec. 527 organizations, which would require them to name their sugar daddies. It could sanction the lawyers who give the green-light to these outfits. Another option: The IRS could sanction the SuperPACs themselves and make them pay tax on those funds they improperly contribute to campaigns.”

Donald B. TobinRepublicans' secret formula — 501(c)(4)
Oct. 21, 2010
Featured Expert: Donald B. Tobin

Professor Donald B. Tobin was quoted in a Los Angeles Times story editorial about the use of 501(c)(4) organizations in political campaigns. The story states: "‘The IRS ought to act, but this is not their fight,’ Donald B. Tobin, a professor of tax law at Ohio State, told me. ‘Their mission is to collect revenue, not to regulate political campaigns.’”

Daniel P. TokajiFelons challenge voting prohibition
Oct. 19, 2010
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in a Journal Sentinel story about two felons challenging the Wisconsin constitution because it prohibits felons from voting until their sentences, including probation and payment of fines, have been completed. The story states: “Dan Tokaji, a professor at Ohio State University who specializes in election law and scholarship, said courts have held that even though affected groups don't have to prove intentional discrimination under Section 2 of the Voting Rights Act, they must show something more than a law's disproportionate impact.”

Daniel P. Tokaji10 years after Bush v. Gore, new concerns about voting
Oct. 18, 2010
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in a USA Today story about updated voting systems and the possibility for mistake. The story states: “As a result, most states and counties will have to limp along with their current equipment until they can afford to replace it. And until then, manufacturers will have little reason to innovate. ‘We will see innovation if there's money for it,’ says Dan Tokaji, an elections expert at Ohio State University's Moritz College of Law. ‘We won't if there's not.’”

Ric  SimmonsCost no reason to shun judicial elections
Oct. 16, 2010
Featured Expert: Ric Simmons

Professor Ric Simmons recently published an Opinion-Editorial in The Columbus Dispatch about the debate as to whether citizens should select their state judges by election. The editorial states: “Both sides make legitimate arguments. Proponents of judicial elections argue that judges deserve to have their own power base, rather than be dependent on the other two branches for appointment or retention, and that in a democracy, voters deserve the right to hire and fire government officials who can issue important and sometimes effectively irrevocable policy decisions. Opponents of judicial elections argue that the process of executive nomination and legislative confirmation results in a higher-quality bench and that voters are unqualified to select judges, because voters frequently know next to nothing about the judicial candidates on the ballot.”

Daniel P. Tokaji19 days until the election... but many have already cast their ballots
Oct. 14, 2010
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was recently featured in a segment of Fox News about early voting. In the segment, Tokaji says: “[Early voting] is a growing trend. It’s really picked up in the past ten years… This is changing the face of elections. It’s changing campaign strategies; it’s changing the way campaigns are run, when ads had to be purchased, and it’s gone, for the most part, under the radar.”

Ric  SimmonsNew site helps voters pick judges
Oct. 7, 2010
Featured Expert: Ric Simmons

Professor Ric Simmons was recently mentioned in a Cincinnati Enquirer story about a new program he has created that takes users through a quiz to help the decided which judge they might want to vote for. The story states: “An Ohio State University law professor, Ric Simmons, has spent the last couple years creating it.”

Ric  SimmonsAnother tool to judge the judges
Oct. 6, 2010
Featured Expert: Ric Simmons

Professor Ric Simmons was recently mentioned in a Columbus Dispatch story about a new program he has created. The story states: “Ohio State University law Professor Ric Simmons developed an online survey to help voters choose candidates for the Ohio Supreme Court and lesser courts.”

Daniel P. TokajiShould the state require you to show ID to vote?
Oct. 5, 2010
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in a Wichita Eagle story about states requiring a photo ID be shown to vote. The story states: “Research has shown that racial or ethnic minorities, particularly African-Americans and Hispanics, are more likely to be asked for ID at the polls, said Dan Tokaji, an Ohio State University law professor who specializes in election law. He also said an ID is requested of men more than women. ‘There's always a concern that poll workers will exercise their authority in a way that's unfair or discriminatory,’ he said.”

Daniel P. TokajiSurge in early voting upends election playbooks
Oct. 5, 2010
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in a Los Angeles Times story regarding early voting and how it is changing the way politicians campaign. The story states: “Tokaji said one argument against early voting had been that such developments could affect voters' decisions. But he dismissed that likelihood. ‘I think most of the people who are voting early — the vast majority, in fact — have already made up their minds," he said. "In those instances where there is late-breaking news, it doesn't necessarily make for better decision making.’”

September, 2010

Daniel P. TokajiEarly-voting stretch begins Tuesday
Sep. 27, 2010
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Dispatch story regarding early voting in Ohio. The story states: “The jury is still out about whether increasing absentee voting affects overall voter turnout, and there is some evidence to suggest that it merely shifts votes that would have been cast on Election Day or produces only a modest increase in turnout, said Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center.”

Daniel P. TokajiAs Laws Shift, Voters Cast Ballots Weeks Before the Polls Close
Sep. 27, 2010
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was recently quoted in a New York Times story about the rise in early voting and how it will influence how political campaigns are conducted. The story states: “‘It’s not going to represent a seismic shift in the number of people voting,’ said Dan Tokaji, an Ohio State University law professor who studies early voting and election law. ‘The convenience of voting is a factor, but it’s not the major reason that people don’t show up to vote.’”

Edward B. FoleyShackles taken off corporate political donations in Ohio
Sep. 16, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about changes in campaign finances laws. The story states: “Ned Foley, former state solicitor and current director of the election law center at Ohio State University's law school, also was skeptical. ‘Whether that is a 'game-changer' depends on whether Citizens United is itself a 'game-changer,’’ he said. ‘It is certainly possible that it is, at least in the specific sense that it now permits corporations and labor unions to do what they couldn't do before. On the other hand, whether as a practical matter it radically affects the dynamics of the campaign itself, that's more open to question.’”

Edward B. FoleyThe real loser in the Tea Party wins is election reform
Sep. 16, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Slate magazine story about election reform. The story states: “The New York meltdown led Ohio State University law professor Ned Foley to ponder, nearly 10 years after the Florida meltdown and Bush v. Gore, whether it is possible for election administrators to be both nonpartisan and competent.”

Daniel P. TokajiEarly bird gets the vote?
Sep. 16, 2010
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Associated Press story about early voting. The story states: “Dan Tokaji, an early-voting expert and professor at Ohio State University's Moritz College of Law, said evidence is mixed on whether early voting increases turnout. ‘It's not likely to result in a seismic shift in turnout, but it can make a difference in close races,’ he said. ‘There may be some voters teetering on the edge in terms of whether they'll come out to vote.’”

Daniel P. TokajiIs it illegal to buy a vote in D.C.?
Sep. 9, 2010
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a newstory on TBD.com about bribery in the public sector regarding mayoral races in Washington, D.C. Tokaji talked about the level of clarity in current District laws about bibery: “Still, he thought the use of the word ‘bribery’ was important in the law, and noted that it wasn't defined. Its use, he said, implied to him that if it someone was given a financial benefit in exchange for voting for a particular candidate, it would be illegal. Simply paying someone to vote, without requiring that they cast their ballot for one candidate, wouldn't fall under the law.”

Daniel P. TokajiShelby County voting rights case to go before D.C. judge
Sep. 9, 2010
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an Alabama Live! article about an Alabama county’s challenge to the Voting Rights Act as an outdated burden, which is on its way to federal court and could possibly go before the U.S. Supreme Court. Tokaji talked about the inevitability of the Supreme Court hearing a case about Section 5: “A separate challenge to Section 5 is also pending in a North Carolina case, and the two lawsuits are being watched closely by election law experts. ‘I can say with confidence that one of these cases, or maybe some other case, will come before the Supreme Court, and they will have to confront the constitutionality of Section 5,’ said Daniel Tokaji, a professor at the Moritz College of Law at The Ohio State University.”

August, 2010

Daniel P. Tokaji5,800 dead in Ohio still on voter rolls
Aug. 29, 2010
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Columbus Dispatch article about voting registration after a study shows that over 5,000 deceased people who are still registered to vote. Tokaji talked about possible resolutions to the problem: "Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center, said the state needs to be careful not to cancel a voter's registration by mistake. 'Database management is never going to be perfect,' he said. 'It is far more harmful to delete a voter who's really eligible than to leave someone on who may or may not be deceased.'"

Daniel P. TokajiMixing business, politics often causes ‘backlash’
Aug. 22, 2010
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Dayton Daily News article about the uncertainties of mixing business and political affiliation. Tokaji talked about the possible backlash for corporation who decide to make political connections: "The backlash against Target and Best Buy may deter corporations from spending money in support of candidates, said Ohio State University law professor Daniel Tokaji. But another possible scenario is that initial hesitance will give way to corporate spending on elections if they want to be heard afterwards. 'One of the things these candidates are going to be looking for once they’re in office is ‘Did you support me?’ It’s hard to know for sure how it will play out. I tend to think that the latter scenario is more likely.”

Daniel P. TokajiThe era of bilingual voting will dawn soon in Northeast Ohio
Aug. 22, 2010
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Cleveland Plain Dealer article about voting in Northeast Ohio. The U.S. Justice Department's demand that Cuyahoga County provide more assistance to Puerto Rican voters could bring about a new era of bilingual and maybe multi-lingual voting in Northeast Ohio. Tokaji talked about the likeliness of that happening: "'It's certainly likely that Cuyahoga County will have to go to bilingual balloting after the next census comes in,' said Daniel Tokaji, an expert on election law at Ohio State University."

Steven F. HuefnerDelaware City agrees to new vote
Aug. 5, 2010
Featured Expert: Steven F. Huefner

Professor Steven Huefner was quoted in The News Journal about the Delaware city officials’ decision to issue a new vote for a disputed seat on city council after acknowledging concerns that election rules disenfranchised voters. Huefner was quoted regarding the revote: “‘Courts are understandably reluctant to call for a new election,’ said Steven Huefner, senior fellow of election law at Ohio State University. ‘Here we have a tie where the public's voice wasn't able to be heard. When you have a tie vote it doesn't take very many voters to convince a judge you need a new election.’”

Daniel P. TokajiAbsentee voting is growing
Aug. 4, 2010
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Columbus Dispatch article about the percentage growth of absentee voting in Ohio. Tokaji was quoted about the drawbacks of increasing absentee ballots: “‘I think there are some real concerns about absentee voting,’ said Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center. He supports people voting in person, even if it's early by absentee ballot.”

June, 2010

Daniel P. TokajiR-71 case: What's next?
June 24, 2010
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in a Seattle Post-Intelligencer story about Referendum 71, an attempt to overturn a new, expanded gay rights law. The referendum prompted “Doe V. Reed,” which led to the U.S. Supreme Court ruling that people who sign petitions for referendums and initiative can have their names released to the public. Tokaji was quoted from a statement that he made regarding the case: “Daniel P. Tokaji, an expert in election law at The Ohio State University Moritz College of Law, said in a statement the State of Washington ‘has won this battle, but not yet the war....opponents of Washington's domestic partnership law can still make the narrower argument that, in this particular case, disclosing the petitions would violate the constitutional rights of those who signed them.’”

May, 2010

Daniel P. TokajiOur view: Break down barriers to voting
May 23, 2010
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Duluth News Tribune editorial about the mandatory use of photo ID at election polls. The piece states: “'You’d have to be a fool to go to the polls and pretend to be someone else,' Ohio State University law professor Daniel P. Tokaji added in an interview with the network. 'If you’re (going to) cheat, the easiest way is to do so through mail-in ballots.'"

Daniel P. TokajiLast-minute bill gives governor more redistricting power
May 10, 2010
Featured Expert: Daniel P. Tokaji

Professor Daniel Tokaji was quoted in an Atlanta Journal-Constitution story about a change made to Georgia’s election laws. The story states: "‘I can't think of any state that has done something like this before,’ Tokaji said. ‘The job of the attorney general in most states is to enforce state law and of course to defend state laws when they're subject to challenge. To go over the attorney general's head when you simply don't like the decision he might make is unusual. I'm not going to go so far as to say it's illegal or a violation of the state's constitution, but it strikes me as quite unusual.’”

March, 2010

Edward B. FoleyCrossover voters to be challenged
Mar. 28, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about a new requirement for Ohio voters who switch between the major political parties in an upcoming primary election. The story states: “Edward ‘Ned’ Foley, director of an elections-law center at Ohio State University, said he likes the primary process in the state of Washington: All voters get the same ballot, and the top two vote-getters, regardless of party, advance to the fall election. Foley said it is reasonable to try to enforce Ohio's statute uniformly in all counties by challenging every crossover voter, and that if people don't like it, there can be a discussion about changing state law accordingly.”

Daniel P. TokajiRepublican Party Can’t Raise ‘Soft’ Money, Court Says
Mar. 26, 2010
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Bloomberg story about a campaign finance ruling regarding raising “soft money.” The story states: “‘This is clearly an unstable area of the law,’ said Daniel Tokaji, associate director of the election-law program at Ohio State University’s Moritz College of Law in Columbus. He said both rulings are candidates for Supreme Court review.”

Daniel P. TokajiFeds seek further sale of voting-machine systems
Mar. 12, 2010
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in a Columbus Dispatch story about the sale of voting machines in Ohio. The story states: “But Dan Tokaji, an Ohio State University law professor and associate director of OSU's election-law center, said he questions whether the divestiture alone will create the robust market needed to spur competition and innovation in voting technology. ‘I definitely think it's a step in the right direction, but it's not enough to solve our long-term voting technology problems,’ he said.”

February, 2010

Edward B. FoleyMontana AG testifies before Senate panel on campaign finance
Feb. 2, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in a Legal Newsline story about his testimony before the U.S. Senate Communications Subcommittee. The story stated: “Also appearing before the panel is Allison Hayward of The George Mason University School of Law, Edward Foley of The Ohio State University School of Law, Steve Hoersting of the Center for Competitive Politics, Fred Wertheimer of Democracy 21 and Heather Gerken of The Yale Law School.”

January, 2010

Edward B. FoleyThe Supreme Court Ruling on Campaign Finance
Jan. 26, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was featured in a Legal Talk Network podcast regarding the Supreme Court Ruling in Citizens United v. Federal Election Commission.

Edward B. FoleyRuling could render Ohio's campaign-spending law toothless
Jan. 22, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Columbus Dispatch story about a Supreme Court ruling that changes restrictions on the amount of money corporations, nonprofits, and unions can contribute to politicians. The story states: “As a practical matter, Ohio's law no longer is enforceable, said Edward ‘Ned’ Foley, director of an election-law center at Ohio State University. The state law ‘assumes a basic ban on corporate spending for campaign ads. That can't survive this decision,’ he said.”

Edward B. FoleyExperts: Ruling makes Ohio law toothless
Jan. 22, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in an Associated Press story about the Supreme Court ruling that changed regulations of political donations made by corporations. The story says: “Edward Foley, director of an election law center at Ohio State University, says he expects state lawmakers will attempt to modify Ohio's law to bring it into compliance with the court's Thursday ruling.”

Edward B. FoleyShould Foreign Corporations Spend Money on U.S. Political Candidates?
Jan. 22, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was mentioned in a Newsweek posting asking whether foreign corporations should be allowed to spend money on U.S. political campaigns. The story states: “The biggest questions with this ruling is the scope of the term "corporation," says Edward Foley, law professor at the Ohio State University College of Law and director of the election-law program. Does the high court want this decision to apply to foreign corporations as well as domestic ones, he ponders? The truth is, the court didn't make a decision one way or the other. Foley best explains the potential issues by talking about the electronic, video, and communication giant, Sony …”

Edward B. FoleySupreme Court Says Limitless, Independent Corporate Campaign Spending Is OK
Jan. 21, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Newsweek story about the U.S. Supreme Court’s ruling that allows corporations, unions and nonprofits to contribute limitlessly to political campaigns. The story states: “For example, a wealthy corporation can’t approach a candidate and ask a candidate, ‘would you like a check, or would you like the corporation to purchase a television commercial supporting your position on foreign policy?’ says Edward Foley, law professor at Ohio State University College of Law and director of the election law program.”

Edward B. FoleyExpect an 'onslaught' of Ohio political ads this fall, thanks to Supreme Court on corporations and free speech
Jan. 21, 2010
Featured Expert: Edward B. Foley

Professor Edward Foley was quoted in a Cleveland Plain-Dealer story reacting to the Supreme Court’s ruling that relaxes laws regarding corporate donations to political campaigns. The story states: “‘If any industry said it wanted to affect an election like the governor's race, it could spend money on TV and buy ads saying 'vote for X and vote against Y,’’ said Edward ‘Ned’ Foley, an Ohio State University law professor and elections law expert. The only caveat will be that corporate or union ad campaigns cannot not coordinate with the candidates' own campaigns.”

Daniel P. TokajiGrayson aims to rein in corporate campaign ads
Jan. 21, 2010
Featured Expert: Daniel P. Tokaji

Professor Dan Tokaji was quoted in an Orlando Sentinel story about a Supreme Court decision that changes previous rules regarding contributions to political campaigns made by corporations, nonprofits, and unions. The story states: "‘The court would be quite hostile to this legislation,’ said Daniel Tokaji, an election expert at the Moritz College of Law at Ohio State University. ‘It puts special burden on corporate speech in the area of political contributions, and it's pretty clear that the court is emphatically protective of corporate speech.’”

Archives: 2010

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

U.S. District Judge Orders that Individuals Flagged by Georgia Database Can Vote in Midterms

Ruling on the plaintiffs\' emergency motion, a U.S. District Judge ordered that individuals flagged for potential citizenship issues by a Georgia database can still vote in the midterms. The judge\'s order set forth specific ways these indivduals can vote. The case is Georgia Coalition for the People\'s Agenda v. Kemp.

more info & analysis...