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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Townley v. Miller

Case Information

Date Filed: June 8, 2012
State: Nevada
Issue: Ballot Design
Courts that Heard this Case: U.S. District Court for Nevada (Case 3:12-cv-00310 ); U.S. Court of Appeals for the 9th Circuit (Case 12-16882 )

Issue:

Whether Nevada state law, which allows voters to choose "none of the above" as a ballot option, but then requires that those ballots not be counted, is Constitutional.

Status:

Complaint filed 6/8/12. Appeal to 9th Circuit filed 8/24/12. Order Granting Emergency Motion for Stay Pending appeal issued 9/5/12. Appellants' briefs filed 9/24/12. Appellees' Brief filed 11/5/12. Appellants' Reply Brief filed 12/3/12. Set for oral argument 3/11/13. Opinion Vacating and Remanding with Instructions to Dismiss for Lack of Standing filed 7/10/13. Order Dismissing Case and Final Judgment on 9/17/13. Petition for Writ of Cert. Denied on 1/14/14.

 

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...