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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Fair Elections Ohio, Brunner v. Husted

Case Information

Date Filed: August 24, 2012
State: Ohio
Issue: Early Voting
Courts that Heard this Case: United States District Court for the Southern District of Ohio (Case 2:12-cv-00763-GCS-MRA)

Issue:

Whether Ohio unconstitutionally burdened citizens' right to petition by referendum when it refused to place on the ballot a petition challenging a law on Ohio elections (including early voting).

Status:

Complaint filed 8/24/12. Motion to Dismiss filed 1/14/13. Opinion and order filed 6/19/13.

 

District Court Documents

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.

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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

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.

more info & analysis...