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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

NAACP New York State Conference v. New York State Board of Elections

Case Information

Date Filed: June 28, 2010
State: New York
Issues: Voting Rights Act, Voting Technology
Courts that Heard this Case: U.S. District Court for the Eastern District of New York (Case 1:10-cv-02950)

Issue:

Whether New York's overvote practice and procedure results or will result in the denial of New York citizen's right to vote on account of race or color, in violation of Section 2 of the Voting Rights Act.

Status:

Amended Complaint filed 9/2/10. Answers by all Defendants filed on 10/1/10.  Motion to Compel filed 11/17/10. Parties' Stipulation and Joint Motion for Confidentiality filed 8/4/11. Motion to Dismiss filed 2/29/12. Case dismissed 8/8/12.

District Court Documents

Commentary

Edward B. Foley

Ohio Early Voting Case: A Potential Precedent-Setter

Edward B. Foley

Today’s federal district court ruling in the Ohio early voting lawsuit will set a major precedent of nationwide significance if its novel legal theory is sustained on appeal.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

U.S. District Judge Grants Summary Judgment to Plaintiffs in Ohio Absentee Voting Case Involving Jailed Citizens

U.S. District Judge Arthur Spiegel yesterday granted summary judgment in an absentee voting case, ruling that Ohio must provide absentee voting assistance to late-jailed electors. The case is Fair Elections Ohio v. Husted.

more info & analysis...