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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Ohio Democratic Party v. Ohio Republican Party

Case Information

Date Filed: October 30, 2016
State: Ohio
Issue: Voter Intimidation
Courts that Heard this Case: United States District Court for the Northern District of Ohio (Case 1:16-cv-02645-JG); Sixth Circuit U.S. Court of Appeals (Case 16-4268); U.S. Supreme Court (Case )

Issue:

Whether the actions of the Ohio Republican Party, Donald J. Trump for President, Inc., Roger J. Stone, Jr., and Stop the Steal Inc., are violating the Voting Rights Act and the Ku Klux Klan Act by intimidating minority voters. The plaintiffs request that the courts issue an order to stop "voter intimidation" and for Stone and Stop the Steal Inc. to stop certain activities such as exit polling.

Status:

Complaint filed 10/30/16. Opinion and Order granting TRO filed 11/4/16. Emergency Request to Stay District Court decision and request for initial en banc hearing filed 11/5/16. Sixth Circuit Order granting stay of District Court decision and denying request for initial en banc hearing filed 11/6/16. Emergency Application to Vacate Sixth Circuit Stay filed in U.S. Supreme Court 11/6/16. U.S. Supreme Court order denying emergency application filed 11/7/16. Case Dismissed 11/10/16.

 

District Court Documents

Sixth Circuit Court of Appeals Documents

U.S. 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.

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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.

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