OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Commentary

Archived Postings

Commentary on the latest developments in election law.

2014

  • Aug. 27 - What's the Matter with Kobach? (Tokaji)
  • Aug. 1 - [TBD when posted at later date] (Foley)

2013

  • Nov. 10 - Of Bouncing Balls and a Big Blue Shift (Foley)
  • Oct. 1 - Law as Tiller, Justice as Compass: A Tribute to Tom Moyer (Foley)
  • Aug. 12 - What We Could Do With a National Citizens' Initiative: Control Pay! (Oesterle)
  • June 18 - Arizona: Voter Registration and the Road Ahead (Levitt)
  • May 21 - FAQ on social welfare organizations (Tobin)
  • Feb. 19 - Silence of the Lambs (Oesterle)

2012

  • Dec. 17 - Numbers Show Ohio at Unique Risk of Disputed Presidential Votes (Foley)
  • Nov. 19 - French vote-counting dispute (Foley)
  • Nov. 7 - Why Obama Won Ohio -- and the Election (Stebenne)
  • Nov. 7 - "By the way, we have to fix that" (Foley)
  • Nov. 6 - Thinking about Some Possible Ohio Numbers (Foley)
  • Nov. 6 - Discouraging Election Contests (Douglas)
  • Nov. 5 - Ohio 2012: What to Watch for (Tokaji)
  • Nov. 4 - New Dispute over Ohio's Provisional Voting Procedures (Foley)
  • Nov. 2 - The Counting Rules for Overtime: Materiality (Levitt)
  • Oct. 30 - The Identity of Provisional Voters: Private or Public? (An Issue That Might Emerge Early in Overtime) (Foley)
  • Oct. 30 - Sandy Colloquy 5: Making Every Effort to Vote On-time (Stebenne)
  • Oct. 30 - Sandy Colloquy 4: Hurricane Sandy, the 2012 Election, and Some Room for Compromise (Douglas)
  • Oct. 30 - Sandy Colloquy 3: Unintended Consequences (Fortier)
  • Oct. 29 - Sandy Colloquy 2: Can Paper Save Election Day from Sandy? (Foley)
  • Oct. 29 - Sandy Colloquy 1: Could Election Day Be Washed Out? (Fortier)
  • Oct. 27 - How to Avoid Electoral Alarmism: The Relevance of 1884 and 1916 (Foley)
  • Oct. 25 - Resolving an Election In Extra Innings (Huefner)
  • Oct. 24 - Why Florida Should Not Be the “Next Florida”: Fixing the Debacle In Palm Beach County (Douglas)
  • Oct. 22 - What If . . . (Foley)
  • Oct. 14 - Why Supreme Court Nonpartisanship Is Important in the Ohio Early Voting Lawsuit (Foley)
  • Oct. 11 - “Right Church, Wrong Pew” Ballots Must Count: a Cause for Celebration (Foley)
  • Oct. 11 - Ohio Early Voting Rules at the Supreme Court: The Possibility of a Nonpartisan Decision (Foley)
  • Oct. 8 - The Soundness of the Equal Protection Holding in the Ohio Early Voting Decision (Douglas)
  • Oct. 7 - The “Equitable” Aspect of the Sixth Circuit’s Early Voting Decision (Foley)
  • Oct. 2 - New Swing State Website Tool (Among Today's Voting Law News) (Foley)
  • Sep. 30 - Two Big Cases Ready for Major Appellate Rulings (Foley)
  • Sep. 7 - Michael Kang Responds to Foley on Obama for America Non-Retrogression Principle (Kang)
  • Sep. 6 - Non-Retrogression, Equal Protection, and Ohio’s Early Voting Case (Foley)
  • Aug. 31 - OFA v. Husted: Understanding Today's Decision (Huefner)
  • Aug. 27 - The Court's Provisional Ballot Ruling: Preliminary Analysis (Foley)
  • Aug. 18 - Will the Voting Rules Affect Which Candidate Wins? (Foley)
  • Aug. 16 - Analyzing a “Voting Wars” Trifecta (Foley)
  • June 4 - Florida’s Voter Purge … and The Federalist Papers (Foley)
  • Apr. 26 - Provisional Ballots, Consent Decrees, and the Balance Between the Federal and State Governments (Wolfe)
  • Apr. 3 - Thoughts on HB 194 and Ohio's Referendum Process (Enns)
  • Feb. 7 - A Poster Child for Dysfunctional Districting (Tokaji)
  • Jan. 4 - Looking Ahead to the End of this New Year (Foley)

2011

  • May 13 - The Application of the Gift Tax Provisions in the Internal Revenue Code to § 501(c)(4) Organizations (Tobin)
  • Apr. 13 - Is Intent to Discriminate Required in Bush v. Gore Cases? (Wolfe)
  • Apr. 6 - Potential Wisconsin Recount: Initial Thoughts (Foley)
  • Mar. 21 - Ohio's New Disenfranchisement Bill (Tokaji)
  • Jan. 28 - Reflections on Footnote 24 of the 6th Circuit Hunter Decision (Stewart III)
  • Jan. 28 - Reviving Equality in Campaign Finance: What the U.S. Can Learn from Canada (Tokaji)
  • Jan. 27 - A Major Ruling on the Meaning of Bush v. Gore (Foley)
  • Jan. 27 - Rahm Emanuel and Procedural Fairness (Douglas)
  • Jan. 20 - Two More Thoughts About Ohio's Provisional Ballot Case (Foley)
  • Jan. 19 - Questions for Counsel in Ohio’s Provisional Ballot Case (Foley)
  • Jan. 17 - Ohio Provisional Ballots: Do Two Wrongs Make a Right? (Douglas)
  • Jan. 14 - Ohio Provisional Ballot Case: What Is Going On? (Foley)

2010

  • Dec. 9 - Bush v. Gore in Historical Perspective (Foley)
  • Dec. 9 - The Founders' Bush v. Gore (Foley)
  • Dec. 7 - Minnesota Supreme Court Settles Reconciliation Issue (Foley)
  • Dec. 3 - A Note on Reconcilation in Minnesota (Foley)
  • Nov. 30 - Looking Backward: Instant Runoff Voting in the 2010 Midterm Elections (Oles)
  • Nov. 16 - The 2010 Statewide Ballot Issues (Oesterle)
  • Nov. 8 - The Election of 1960 Fifty Years Later (Stebenne)
  • Nov. 3 - Echoes of New York’s “Stolen Senate”? (Foley)
  • Nov. 3 - This Morning's View (Foley)
  • Nov. 2 - Close Elections Are Healthy - If We Trust the Refs (Foley)
  • Nov. 1 - Election Day 2010: What We'll Be Watching (Tokaji)
  • Oct. 26 - Instant Runoff Voting as a "Game Changing" Alternative Voting System? (Oles)
  • Oct. 20 - More Voting by Mail? First, Consider the Hidden Costs (Stewart III)
  • Oct. 12 - Reinforcing Voting as a Communal Act (Enns)
  • Oct. 5 - The Rise of 501(c)(4)s in campaign activity: Are they as clever as they think? (Tobin)
  • Oct. 4 - Thoughts on the Alabama Indictments (Tobin)
  • Sep. 28 - The Persistence of Partisan Election Administration (Tokaji)
  • Sep. 21 - Protecting the Voting Rights of Military and Overseas Voters (Huefner)
  • Sep. 15 - New York’s Voting Problems: Is It Possible to Be Both Nonpartisan and Competent? (Foley)
  • Sep. 14 - Top-10 List and Top-Two Candidates: Some Thoughts on This Election Season (Foley)
  • July 2 - Doe v. Reed a Disappointment on Several Fronts (Oesterle)
  • Apr. 12 - Two Problems with the New Challenge to Section 5 (Tokaji)
  • Mar. 31 - The Occlusion of Equality in Campaign Finance Law (Tokaji)
  • Jan. 22 - Citizens United: A Long-Term Perspective (Foley)

2009

  • Dec. 11 - The Swiss Initiative on Minarets (Oesterle)
  • Nov. 5 - Uncounted Ballots: A Measure of Vulnerability (Foley)
  • Oct. 20 - Election Commissions and Supreme Courts (Foley)
  • Sep. 9 - Line-drawing after Overruling Austin (Foley)
  • Aug. 1 - Line-Drawing and a Proposed Constitutional Truce (Foley)
  • July 31 - Citizens United, Stare Decisis, and Democracy (Foley)
  • July 1 - The Rhetoric of a "Stolen" Election (Foley)
  • June 30 - Impressive Unanimity: the Historical Significance of Coleman v. Franken (Foley)
  • June 1 - Conscientious Judging on Display (Foley)
  • May 14 - Factual Points and Uncertainties Relevant to the Coleman v. Franken Appeal (Foley)
  • May 5 - State Law Issues Loom Large in Coleman v. Franken Appeal (Foley)
  • Apr. 21 - Speculations about Equal Protection: The Difficulties of Principled Line-Drawing (Foley)
  • Apr. 14 - Out from the Shadows of Bush v. Gore (Foley)
  • Apr. 1 - Situation Normal: Election Too Close to Call (Foley)
  • Mar. 31 - Unsurprising Ruling Does Not End Minnesota Senate Case (Foley)
  • Mar. 19 - The Original Bush v. Gore: An Historical Perspective on Disputed Elections (Foley)
  • Mar. 17 - Reluctance to Void Elections - Some Memorable Cases (Cemenska)
  • Mar. 11 - What has to happen to unring this Bell? (Cherry)
  • Mar. 2 - Un-counting votes in Minnesota’s U.S. Senate race (Cherry)
  • Feb. 25 - Coin-flipping: Is it a good idea? (Cemenska)
  • Feb. 19 - An Extra “Equal Protection” Thought: Local Policy or Local Mistakes? (Foley)
  • Feb. 16 - A Victory for the Rule of Law (Foley)
  • Feb. 12 - Minnesota Law and Federal Equal Protection (Foley)
  • Feb. 12 - In the Coleman-Franken Contest, the Three-Judge Court Will Now Be Tested (Foley)
  • Feb. 4 - Understanding Yesterday’s Rulings in Coleman v. Franken (Foley)
  • Jan. 22 - MN Contest Court Off to a Good Start (Foley)
  • Jan. 20 - Inauguration Day (Foley)
  • Jan. 15 - MN Analysis: Allegations of Double-Counted Duplicates (Cemenska)
  • Jan. 15 - Electoral Reforms Must Include New Endgame (Foley)
  • Jan. 12 - Analysis of Coleman Claim Re: Uninitialed Ballots (Cemenska)
  • Jan. 7 - Who Will Judge the Minnesota Contest? (Foley)

2008

  • Dec. 23 - What to Tell an Electoral Elf (Foley)
  • Dec. 9 - If the Minnesota Recount Involved a Presidential Race… (Foley)
  • Nov. 26 - New Bush v. Gore Precedent (Foley)
  • Nov. 25 - Eyes Now Turn to Ohio Supreme Court (Foley)
  • Nov. 18 - In '62, Minnesota set the recount standard (Foley)
  • Nov. 17 - A Visible Reason that Precludes a Victory Lap (Foley)
  • Nov. 10 - Voting next time—and in 2020 (Foley)
  • Nov. 5 - Minnesota under the Microscope (Foley)
  • Nov. 4 - Four Sub-Categories of Uncounted Ballots (Foley)
  • Nov. 3 - Pennsylvania officials fear electoral flood tomorrow (Foley)
  • Nov. 3 - Only in Ohio (Colker)
  • Nov. 1 - 3 Things I'm Watching For (Foley)
  • Oct. 30 - Post-Election Contests: Four States to Watch (Cemenska)
  • Oct. 30 - McCain v. Obama: What's Next? (Elmendorf)
  • Oct. 29 - Waiting for a Presidential Winner: The Lessons of 1884 and 1916 (Foley)
  • Oct. 29 - The Ohio Ballot Experiment of 2008 (Kimball)
  • Oct. 28 - Unanimous Decision in McCain v. Obama (hypothetical) (Foley)
  • Oct. 22 - The Latest from the Land of [Election] Litigation (Foley)
  • Oct. 19 - Understanding the Supreme Court’s Decision in Brunner v Ohio Republican Party (Oesterle)
  • Oct. 17 - ORP v. Brunner: What is at stake? (Cemenska)
  • Oct. 15 - The Need for a Structurally Nonpartisan Tribunal (Foley)
  • Oct. 9 - Purges & Provisional Ballots (Foley)
  • Oct. 7 - The First Bush v. Gore — and the Next:
    New York's Election of 1792 & Its Continuing Relevance (Foley)
  • Sep. 23 - McCain v. Obama, a U.S. Supreme Court hypothetical (one hopes) (Foley)
  • Sep. 22 - McCain Likely to Win Ballot Request Fight (Cemenska)
  • Sep. 9 - EL@M Publishes Major New Research (Cemenska)
  • Aug. 26 - Social Initiatives on State Ballots (Oesterle)
  • Aug. 12 - Do We Need a Box for "Abstain"? (Oesterle)
  • July 29 - Bipartisanship in Election Administration: Is There Enough? (Cemenska)
  • July 15 - Regulation of voter registration drives: Will there be further litigation? (Cemenska)
  • July 1 - Registration Bottlenecks: Will They Be a Problem in ’08? (Cemenska)
  • June 17 - Election-Day Emergencies: Are We Prepared? (Cemenska)
  • June 3 - Are We Condemned to Repeat It? (Tokaji)
  • May 20 - A November Hypothetical (Foley)
  • May 6 - Judicial Review of Electoral Mechanics After Crawford (Elmendorf)
  • Apr. 29 - Crawford and the Amicus Court: Further Support for a Non-Partisan Advisory Tribunal (Foley)
  • Apr. 29 - Crawford: It Could Have Been Worse (Tokaji)
  • Apr. 28 - Setting an Example of Non-Partisan Judging: An 'Amicus Court' for Election Cases (Foley)
  • Apr. 15 - Federal Court Extension of Polling Hours: Problem, Proposal, Example (Part 3) (Foley)
  • Apr. 1 - Federal Court Extension of Polling Hours: Problem, Proposal, Example (Part 2) (Foley)
  • Mar. 18 - Federal Court Extension of Polling Hours: Problem, Proposal, Example (Foley)
  • Mar. 5 - Unjustified Federal Court Extension of Polling Hours (Foley)
  • Mar. 4 - Cross-over voting under Ohio law (Foley)
  • Mar. 3 - Ohio Paper Ballots Done Right (Cemenska)
  • Feb. 25 - "Central Counting" of Paper Ballots in Ohio (Foley)
  • Feb. 19 - Administering the March 4 Primary in Ohio (Foley)
  • Feb. 6 - Super Tuesday and Provisional Ballots (Foley)
  • Feb. 5 - The Potential Election Administration Challenges of Super Tuesday 2008 (Huefner)
  • Jan. 22 - On Lopez Torres and Line Drawing (Elmendorf)
  • Jan. 9 - Oral Argument in Voter ID Case: Initial Impressions (Foley)
  • Jan. 8 - The Amicus Briefs in the Indiana Voter Identification Case: I read... so you don't have to (Pitts)
  • Jan. 3 - EL@M Announces New Interactive Map Feature (Cemenska)

2007

  • Dec. 20 - More Planning Needed to Prepare for '08 Election (Huefner, Tokaji, and Foley)
  • Dec. 19 - Look to Minnesota for vote-counting solution (Foley)
  • Dec. 11 - Ohio provisional ballots: Could they determine our next President? (Cemenska)
  • Nov. 27 - Quality of Election Administration Varies Among Great Lake States (Forthcoming Report: From Registration to Recounts) (Huefner, Tokaji, and Foley)
  • Nov. 13 - You Can't Predict, You Can Only Plan: More Lessons From Ohio (Enns)
  • Nov. 2 - Refining the Bush v. Gore Taxonomy (Foley)
  • Oct. 30 - AVBM: What If We Could Make It Fraud-Proof? (Cemenska)
  • Oct. 23 - Don't Play Poker with All Saints Church (Tobin)
  • Oct. 2 - The Supreme Court and Election Law: In Search of Doctrinal Specificity (Foley)
  • Sep. 18 - What Congress Should Be Talking About (Tokaji)
  • Sep. 4 - Super-Duper Tuesday: What Does It Mean for Election Administration? (Cemenska)
  • July 3 - Precedent and Judicial Responsibility (Foley)
  • June 19 - A Model Court for Contested Elections (Or, the “Field of Dreams” Approach to Election Law Reform) (Foley)
  • June 5 - Money for Data: Funding the Oldest Unfunded Mandate (Tokaji)
  • May 22 - The Politics of Justice (Tokaji)
  • May 8 - Auditing a State’s Laws for Resolving Election Contests (Foley)
  • Apr. 24 - Courts Need to Keep a Skeptical Eye on New Voter Identification Laws (Hasen)
  • Apr. 10 - Running Elections in Cuyahoga County Next Year (Foley)
  • Apr. 5 - The Future of Bush v. Gore (Foley)
  • Mar. 27 - The Secretary of State's Complaint Against the Cuyahoga County Board of Elections (Enns)
  • Mar. 13 - Early Voting in 2008 (Tokaji)
  • Feb. 27 - AVBM: Let's See How It Would Work in Ohio (Cemenska)
  • Feb. 14 - A Bipartisan Way to Settle a Disputed Presidential Election in Ohio? (Foley)
  • Feb. 13 - The Nation's Interest in Ohio's New Secretary of State (Foley)
  • Jan. 30 - The Democracy Index: A Reply (Gerken)
  • Jan. 16 - Designing the Democracy Index (Foley)

2006

  • Dec. 19 - Political Campaigning by Churches and Charities (Tobin)
  • Dec. 19 - Election Reform's Top Priority: Changing the Electoral College Calendar (Foley)
  • Dec. 12 - Happy Birthday, Bush v. Gore (Foley)
  • Dec. 5 - Timing is Everything (Foley)
  • Nov. 28 - OH-15: Legal Issues in Recount (Foley)
  • Nov. 28 - Congress Turns to Election Administration (Tokaji)
  • Nov. 22 - Redistricting Reform: Back on the Agenda (Foley)
  • Nov. 22 - OH-15: 500 Provisional Ballots Invalidated (Foley)
  • Nov. 21 - Election Night: Do We Really Need to Know Results Before We Can Sleep? (Enns)
  • Nov. 14 - Local Blackouts on the Electoral Grid (Foley)
  • Nov. 8 - Montana: Recount and Contest Laws (Foley)
  • Nov. 8 - Ohio: Wednesday Morning, 3:00am (Foley)
  • Nov. 7 - Be Thankful If It’s All Over By Thanksgiving (Foley)
  • Nov. 6 - The Adversarial Legal System at Work (Foley)
  • Nov. 5 - Transparency Promotes Trust (Foley)
  • Nov. 2 - Serious Issues Surface in Maryland (Foley)
  • Oct. 31 - Appellate Opinion in ID Case: No Pre-Voting Remedy Needed (Foley)
  • Oct. 31 - The South Dakota Referendum on Abortion: An Alternative to Court Review? (Oesterle)
  • Oct. 31 - Recount Redux?: What Might Happen in a Close Election (Tokaji)
  • Oct. 28 - Ohio's ID Rules in the Appeals Court: What Next? (Foley)
  • Oct. 27 - Two Details of TRO in Ohio ID Case (Foley)
  • Oct. 27 - TRO in Ohio Voter ID Case: Initial Thoughts (Foley)
  • Oct. 25 - ID Disparities & Post-Voting Review of Provisional or Absentee Ballots (Foley)
  • Oct. 24 - Purcell's Implications on Pre-Election Litigation (Huefner)
  • Oct. 23 - Late Delivery of Registration Forms (Foley)
  • Oct. 23 - Absentee Ballots in Close Elections: Will They Provide Grounds for a Contest? (Foley)
  • Oct. 17 - The Machinery of Democratic Accessibility (Colker)
  • Oct. 10 - How to Identify a Successful Election (Foley)
  • Oct. 3 - Ohio's Expanded Absentee Voting Rules: Some Thoughts on Their Impact (Enns)
  • Sept. 26 - The IRS and All Saints Church: Tax Procedure in a Case about the Mixing of Religion and Politics (Tobin)
  • Sept. 19 - In Praise of Pre-Election Litigation (Tokaji)
  • Sept. 12 - Burdick or Carrington?: "Fencing Out" and the Voter ID Litigation (Elmendorf)
  • Sept. 5 - Will the Election System Function Properly This Year? (Foley)
  • July 25 - Ohio is not Mexico, but... (Foley)
  • July 18 - Thinking About Democracy: Justice Stevens and the Roberts Court (Tokaji)
  • July 11 - The Risks of Wedge Citizen Initiatives (Oesterle)
  • July 3 - Justice Kennedy Deserves Praise, Part II (Foley)
  • June 27 - The Importance of Randall's Indecisiveness (Foley)
  • June 20 - Voting Rights Act Preclearance: Why Process Matters (Tokaji)
  • June 13 - Online Voter Registration is the Answer (Foley)
  • June 6 - AWay to Rescue Redistricting Reform (Foley)
  • May 30 - Administering the New Voter ID Rule Reasonably (Stebenne)
  • May 23 - Ballot Initiatives: Use By Political Parties (Oesterle)
  • May 16 - Democracy's Revenge? Bush v. Gore and the National Popular Vote (Shane)
  • May 9 - Electoral Laments in Major and Minor Keys (Foley)
  • May 2 - Welcome to the Machines: Election Day in Ohio (Tokaji)
  • Apr. 25 - Primary Challenges (Enns)
  • Apr. 18 - The Future of Accessible Voting: A Crossroad? (Colker)
  • Apr. 11 - The Example of Commissioner Martinez
  • Apr. 4 - A Review of the Transcript in the Texas Redistricting Case (Foley)
  • Mar. 28 - Will the Expansion of Absentee Voting Yield an Increase in Abuse? (Foley)
  • Mar. 21 - Statewide Registration Lists: The Most Important Election Reform? (Tokaji)
  • Mar. 14 - Voting Technology: Beyond HAVA, Beyond Paper (Tokaji)
  • Mar. 7 - Incrementalist Election Law? (Foley)
  • Feb. 21 - The Roberts Court and the Law of Democracy (Tokaji)
  • Feb. 14 - Doubleheader Tests the Court's Impartiality: EL@M to host Electronic Roundtable on Pending Pair (Foley)
  • Feb. 7 - The Remand in WRTL (Foley)
  • Jan. 31 - Campaign Intervention by 501(c)(3) Organizations (Tobin)
  • Jan. 24 - Exit Polling's Impact on Voter Confidence (Enns)
  • Jan. 17 - The Roberts Court and Precedent: An Early Test in the Context of Campaign Finance (Foley)
  • Jan. 10 - Echoes of Bush v. Gore: Courts Are Not Always the Right Forum for Election Contests (Huefner)
  • Jan. 3 - Will Election Law Become Clearer This Year? (Foley)

2005

  • Dec. 13 - Ohio's ID Proposal: More Harm Than Good (Tokaji)
  • Dec. 6 - Too Little, Too Late (Colker)
  • Nov. 29 - The Federalism Defect in the Prosecution of Tom DeLay (Foley)
  • Nov. 22 - The IRS and Secret Campaign Regulation (Tobin)
  • Nov. 15 - Future Redistricting Reform Must Learn From This Year's Mistakes (Foley)
  • Nov. 8 - The Ten Most Urgent Election Reforms (Foley)
  • Nov. 1 - Issue 3 is a Big Mistake (Foley)
  • Oct. 25 - Redistricting, Electoral Competition, and Citizen Control (Huefner)
  • Oct. 18 - The Moneyball Approach to Election Reform (Tokaji)
  • Oct. 11 - Ohio's Dramatic Citizen Initiative: "Reform Ohio Now" (Oesterle)
  • Oct. 4 - Federal Courts Should Not Run State Elections (Foley)
  • Sept. 27 - Unhappy Trails in California (Tokaji)
  • Sept. 20 - The Carter-Baker Report: Two Wrongs Don't Make a Right (Tokaji)
  • Sept. 13 - How to Hire a Fair Election Law Umpire? (Foley)
  • Sept. 6 - Is There a Middle Ground in the Voter ID Debate? (Foley)
  • July 26 - Goodbye Mr. Smith, and Welcome Back to Ohio
  • July 19 - What Should the New Justice Do About Campaign Finance? (Foley)
  • July 12 - Sharing the Burden: Some Thoughts on Voter Registration Lists (Enns)
  • July 5 - Fact-Specific Election Law (Foley)
  • June 28 - I Want My MTV ... Mayor! (Fairman)
  • June 21 - Are Election Reforms Increasing the Margin of Litigation? (Tokaji)
  • June 14 - A Bad Bill, With Some Good Things in It (Tokaji)
  • June 7 - Refusing to Unseat a Governor Despite a Flawed Election (Foley)
  • May 31 - A Fiduciary Conception of Democracy (Foley)
  • May 24 - The People and their Constitution (Foley)
  • May 17 - The Filibuster and Democracy (Foley)
  • May 10 - Ohio Considers Election Reform - Part II (Tokaji)
  • May 3 - Ohio Considers Election Reform - Part I (Tokaji)
  • Apr. 26 - The Work Ahead (Huefner)
  • Apr. 19 - Debate Over Campaign Finance Reform in Ohio Prompts Question: Is Disclosure Enough? (Enns)
  • Apr. 12 - ID and the Right to Vote (Tokaji)
  • Apr. 5 - The Provisional Ballots of Unregistered Voters (Foley)
  • Mar. 29 - Verifying Voter Registration Lists, Part 2 (Foley)
  • Mar. 22 - Verifying Voter Registration Lists (Foley)
  • Mar. 15 - The Problems with Early Voting (Stebenne)
  • Mar. 8 - Thoughts on Gerrymandering (Oesterle)
  • Mar. 1 - Election Reform: The Process Matters (Enns)
  • Feb. 22 - New 527 Bill Plugs Some Major Holes, but is it Constitutional? (Tobin)
  • Feb. 15 - Independent Election Administration (Huefner)
  • Feb. 8 - How Did Ohio's Voting Equipment Fare in 2004? (Tokaji)
  • Feb. 1 - Making Mock Elections Real (Beazley)
  • Jan. 25 - When to Redo an Election? (Foley)
  • Jan. 18 - Ohio's Disabled Voters: Ignored Again (Colker)

2004

  • Dec. 21 - Minimizing the Need for Provisional Ballots: A Reform Worth Wishing For (Foley)
  • Dec. 14 - The Legislature Can Do Better and the Citizens of Ohio Deserve Better (Tobin)
  • Dec. 7 - Investing in Politicians to Boost Corporate Profits (Foley)
  • Nov. 30 - Reforming the Timetable for the Electoral College Process (Huefner)
  • Nov. 23 - Voters with Disabilities: The Potential Swing Vote in the Presidential Election (Colker)
  • Nov. 17 - When Should a Presidential Election Be Over? (Foley)
  • Oct. 19 - Two Weeks Before Election Day, and Yet... (Enns)
  • Oct. 12 - Signs of High Turnout Signal Need for Prepared Poll Workers (Stebenne)
  • Oct. 5 - Blackwell's Mixed Record So Far (Foley)
  • Sept. 28 - Let the Sunshine In (Foley)
  • Sept. 21 - Lying to Win (Foley & Tobin)
  • Sept. 14 - Better Voter Training Through Television (Beazley)
  • Sept. 7 - The Power of the Airwaves and the Power of the Vote (Beazley)
  • August 31 - Partisan Gerrymandering and the Impoverishment of Politics (Huefner)
  • August 24 - Point-Counterpoint on Election Activities of Churches and Charities (Samansky & Tobin)
  • August 17 - Election of State Court Judges: The Ohio Experience (Oesterle)
  • August 10 - What if Bush Again Wins without the Popular Vote? (Stebenne)
  • August 3 - Are Our Democratic Instincts Atrophying? (Shane)
  • July 27 - The Paper Trail (Tokaji)
  • July 20 - Welcome to Election Law @ Moritz (Foley)
  • July 13 - Judges and Elections (Oesterle)
  • July 6 - Election Law 5-to-4 (Foley)
  • June 29 - Comparing Two Cases (Foley)
  • June 22 - The Missed Opportunity of Vieth (Foley)
  • June 15 - The Necessity of Law for Democracy (Foley)

Commentary

Daniel P. Tokaji

What's the Matter with Kobach?

Daniel P. Tokaji

By "Kobach," I mean the Kobach v. EAC case in which the Tenth Circuit heard oral argument Monday – rather than its lead plaintiff, Kansas’ controversial Secretary of State Kris Kobach, who argued the position of his state and the State of Arizona. This post discusses what’s at issue in the case, where the district court went wrong, and what the Tenth Circuit should do.

more commentary...

In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

more EL@M in the news...

Info & Analysis

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

more info & analysis...