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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Citizen Center v. Gessler

Case Information

Date Filed: February 13, 2012
State: Colorado
Issues: Improper Election Administration, Voting Technology
Courts that Heard this Case: U.S. District Court for the District of Colorado (Case 1:12-cv-00370); United States 10th Circuit Court of Appeals (Case 12-1414)

Issue:

Whether the election procedures of six Colorado counties infringe on the rights to vote, political expression, and speech.

Status:

complaint filed 2/13/12. Motions to Dismiss filed 6/4/12. Motion for Temporary Restraining Order and Preliminary Injunction filed 8/17/12. Case dismissed by minute order 9/24/12. Judgment issued 9/25/12. Appeal docketed with 10th Circuit on 10/30/12. Oral Arguments held 3/17/14. Opinion reversing in part, affirming in part filed 10/21/14. Petition for Rehearing En Banc filed 11/4/14. Order denying Petition for Rehearing En Banc filed 11/17/14. Petition for writ of certiorari filed 2/20/15. Notice of denial of certiorari filed 4/27/15. District Court order dismissing case filed 08/19/15.

See related state court case: Marks v. Koch

Circuit Court Documents

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.

more commentary...

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.”

more EL@M in the news...

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...