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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Pulaski County Election Commission v. Arkansas State Board of Election Commissioners

Case Information

Date Filed: March 12, 2014
State: Arkansas
Issues: Absentee Ballots, Voter ID, Voter Eligibility
Courts that Heard this Case: Circuit Cout of Pulaski County (Case 60CV-14-1019); Arkansas Supreme Court (Case CV 14-37I)

Issue:

Original Issue: Whether the State Board of Election Commissioners' adoption of Emergency Rules regarding voter qualification requirements were contrary to state statute and in violation of the separation of powers doctrine.

Additional Issue on Appeal: Whether Circuit Court correctly held state voter qualification statute unconstitutional under Arkansas' Constitution.

Status:

Petition for Declaratory Judgment filed 3/12/14. Republican Party of Arkansas' Motion to Intervene filed 3/26/14. Amended Petition for Declaratory Judgment filed 4/3/14. Republican Party of Arkansas' Amended Motion to Intervene filed 4/6/14. Intervenors' Motion to Dismiss filed 4/6/14. Order granting Motion to Intervene filed 4/15/14. Intervenors' Motion for Summary Judgment filed 4/17/14. Defendant's Answer to Amended Petition filed 4/18/14. Defendant's Motion for Summary Judgment filed 4/18/14. Plaintiff's Motion for Summary Judgment filed 4/18/14. Judgment granting Plaintiff's Motion for Summary Judgment filed 4/24/14. Defendant's Notice of Appeal filed 4/25/14. Appellant's Brief filed 5/2/14. Intervenors' Brief filed 5/2/14. Appellees' Brief filed 5/2/14. Opinion filed 5/16/14.

Supreme Court of Arkansas Documents

Circuit Court 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."

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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

U.S. District Judge Rules for Plaintiffs in Ohio Early Voting Case

Today, U.S. District Judge Michael Watson issued Findings of Fact and Conclusions of Law in an Ohio early voting case, determining that Ohio\'s reduction of in-person early voting days violated Equal Protection and the Voting Rights Act. Judge Watson dismissed additional claims brought by the plaintiffs. A bench trial was held in late 2015. The case is Ohio Democratic Party v. Husted.

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