Posted: October 31, 2016
In a 2-1 decision late Friday, a three-judge panel of the Ninth Circuit U.S. Court of Appeals affirmed the District Court\'s denial of a challenge to an Arizona law addressing \"ballot harvesting.\" The case is Feldman v. Arizona.
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.
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.
Election Law @ Moritz | The Ohio State University Michael E. Moritz College of Law | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation. Individuals affiliated with the program may in their own personal capacity participate in campaign or election activity, or engage in pro bono representation of clients other than partisan candidates or organizations.
PDF files in this site require Adobe Reader to view (link opens in NEW window). If you have trouble accessing this page or need to request an alternate format, please email the Moritz Law Webmaster.
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.
more commentary...