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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

The Supreme Court and the RIght to Vote

Daniel P. Tokaji

For over 130 years, the U.S. Supreme Court has said that the right to vote fundamental. The idea is that voting for candidates who represent our views is the primary means through which we protect our interests, whatever they might be.  Yet ecent events raise serious questions about the currently short-staffed Supreme Court’s capacity to protect the right to vote against 21st Century threats. 

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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, Rules Against State in Ohio Voter Rolls Case

In an opinion issued today, a three-judge panel of the Sixth Circuit U.S. Court of Appeals ruled that Ohio\'s procedures for removing voters from registration rolls violates the National Voter Registration Act and the Help America Vote Act. The case is Ohio A. Philip Randolph Institute v. Husted.

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