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.
The 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.
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Commentary
Provisional Ballots, Consent Decrees, and the Balance Between the Federal and State Governments
Owen Wolfe
A recent mandamus action filed by the Ohio Senate President and House Speaker Pro Tempore to require the Ohio Secretary of State to rescind directives issued in response to a consent decree issued in a federal case dealing with counting provisional ballots raises questions about the mechanics of state election law, the Fourteenth Amendment of the U.S. Constitution, the relationship between federal and state courts, the law of consent decrees, and more. I have attempted in this article to grapple with these issues in a fair and unbiased manner. Given the complexity of this problem, however, these matters are open to a variety of interpretations and this is just one approach. I hope, however, that this article can provide a useful starting point for a discussion about the future of provisional voting in Ohio and in the nation at large.
This paper is a first look by a student member of the Election Law @ Moritz team and reflects one possible perspective on the issue. Stay tuned, as more analysis from the team will follow as the litigation develops. Owen Wolfe is affiliated with the Ohio Democratic Party and the Obama ’12 campaign, but is not in any way associated with any litigation team working on this case. EL@M has posted the document because we believe it has public value and adds to the discourse on this topic.
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