Posted: November 1, 2016
In a one-sentence order, yesterday the U.S. Supreme Court denied the application for an emergency stay filed by the plaintiffs in the NEOCH v. Husted case. The NEOCH plaintiffs sought to block a Sixth Circuit opinion in September rejecting most of the plaintiffs\' challenges to Ohio laws regarding absentee voting, provisional voting, and poll worker assistance of in-person voters.
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
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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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