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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

CREW v. IRS

Case Information

Date Filed: May 21, 2013
State: Washington, D.C.
Issue: Campaign Finance
Courts that Heard this Case: U.S. District Court for the District of Columbia (Case 1:13-cv-00732)

Issue:

1. Did the IRS act arbitrarily, capriciously, and contrary to law in denying plaintiff's petition for rulemaking to address asserted conflict between regulations governing 501(c)(4) organizations and the Tax Code?

2. Is plaintiff entitled to a writ of mandamus compelling the IRS to institute rulemaking proceedings and address asserted inconsistency between regulations governing 501(c)(4) organizations and the Tax Code?

Status:

Complaint filed 5/21/13. U.S.'s Motion to Dismiss filed 8/30/13. Order Consolidating Case with Van Hollen v. IRS filed 9/6/13. Defendants' Motion to Dismiss for Lack of Jurisdiction filed 10/25/13. Notice of Voluntary Dismissal by Van Hollen, Democracy 21, Campaign Legal Center, and Public Citizen, Inc. filed 12/6/13. Order Granting Defendants' Motion to Dismiss filed 2/27/14.

District Court Documents

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

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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

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

more info & analysis...