Election Law @ Moritz Home Page

Posted: December 27, 2012

Ohio Election Contest

Democrat Josh O'Farrell, who challenged Republican incumbent Al Landis for an Ohio House of Representatives seat, recently filed a petition in the Ohio Supreme Court contesting the election results. The Tuscarawas County Board of Elections declared Landis the winner earlier this month. O'Farrell's petition alleges multiple irregularities with respect to absentee and provisional voting and asks for a recount in certain precincts. The case is O'Farrell v. Landis.

Commentary

Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley

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

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In the News

This is why US election ballots routinely go missing

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

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

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Info & Analysis

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

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

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Related Commentary

Huefner - Counting Ballots Pursuant to Law is Not Stealing an Election
Foley - The Vare Precedent in the Senate—and Its Relevance to the Trump-Russia Inquiry
Foley - North Carolina’s disputed race for governor: historical context
Tokaji - Intimidation, Speech, and the Vote: Some Key States’ Laws
Foley - Election Law Priorities? Fixing Presidential Elections?

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Related Information & Analysis

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Related Current Litigation

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Election Law @ Moritz | The Ohio State University Michael E. Moritz College of Law | electionlaw@osu.edu

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