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Election Law @ Moritz

Election Law @ Moritz


Election Law Journal

Daniel P. Tokaji, assistant director of Election Law @ Moritz, is the co-editor of the Election Law Journal.

About the Election Law Journal

Although Election Law Journal: Rules, Politics, and Policy is the leading journal for coverage and analysis of legal issues, it now includes much more, including the questions of election reform and design that are in the forefront in the United States and many other countries in both the advanced and developing worlds.

Election Law JournalThe Journal's purview includes the rapid growth in legislation and litigation stemming from efforts to reform American election administration following the 2000 Florida election controversy; challenges to the constitutionality of campaign finance laws; and efforts to change the rules for the selection of the U.S. President.

As election law litigation grows in the U.S. and election administration controversies arise throughout the world, Election Law Journal: Rules, Politics, and Policy will continue to provide high-quality analysis by the finest scholars in the field, as well as varied perspectives from practitioners and elected officials.

This essential legal resource should be a part of every law, political science, and government library, as well as a primary source of reference and information for election officials, campaign and fundraising leaders, and political consultants at every level of government.

Topics covered include:

  • Campaign finance reform
  • Redistricting and reapportionment
  • Voting rights, equal protection, and election reform
  • Term limits
  • The Internet and political campaigns
  • Voting technologies and uniform voting
  • Ballot design and ballot access
  • Legal issues in media of election coverage
  • Monitoring overseas elections
  • Initiatives and other ballot propositions

For more information on the Journal or to view articles, please visit http://www.liebertonline.com/elj.

Commentary

Daniel P. Tokaji

Is Ted Cruz Eligible to Be President? Letís Find Out

Daniel P. Tokaji

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

District Court Upholds Virginia Voter ID Law

Today, U.S. District Judge Henry Hudson issued an opinion upholding Virginia\'s voter ID after a bench trial held in February. Judge Hudson determined that neither the enactment of the law nor its implementation violated the Voting Rights Act, the First Amendment, the Fourteenth Amendment, the Fifteenth Amendment, or the Twenty-Sixth Amendment. The case is Lee v. Virginia State Board of Elections.

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