OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Gusciora v. Christie

Case Information

Date Filed: October 19, 2004
State: New Jersey
Issue: Voting Technology
Courts that Heard this Case: New Jersey Superior Court, Law Division (Case MER-L-2691-04); New Jersey Superior Court, Appellate Division (Case A-005608-10T3)

Issue:

Whether New Jersey's use of certain voting machines violates New Jersey constitutional and statutory law.

Status:

Notice of Appeal filed 7/20/11. Appellants' brief filed 10/12/11. State's brief filed 2/8/12. Opinion filed 9/16/13. Petition for certification denied by Supreme Court of New Jersey on 2/21/14.

Superior Court, Law Division Documents

Superior Court, Appellate Division Documents

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."

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

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.

more info & analysis...