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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Niehaus and Blessing v. Husted

Case Information

Date Filed: April 16, 2012
State: Ohio
Issues: Provisional Ballots, Improper Election Administration
Courts that Heard this Case: Supreme Court of Ohio (Case 12-0639)

Issue:

Does the Ohio Secretary of State have the power to amend Ohio election laws through directives pursuant to a consent decree?

Status:

Complaint filed 4/16/12. Dismissed without prejudice 5/11/12.

Supreme 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.

more commentary...

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...