Posted: October 31, 2018
Sixth Circuit Orders that Votes of Purged Ohio Voters Will Count in Midterms
A divided panel of Sixth Circuit judges granted the plaintiffs\' emergency motion, ruling that county boards of elections must count provisional ballots cast by voters who had been purged from the voter rolls for not voting during a 6-year period. The decision temporarily blocks a lower court ruling that the purges were legal. The state indicated that it will not appeal the Sixth Circuit decision. The case is Ohio A. Philip Randolph Institute v. Husted.
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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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