OSU Navigation Bar

Election Law @ Moritz Home Page

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

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.

more commentary...

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.

more EL@M in the news...

Info & Analysis

Seventh Circuit Order Permits Wisconsin's Voter ID Law to Take Effect

Today, the U.S. Court of Appeals for the Seventh Circuit granted a stay in two cases, allowing Wisconsin's voter ID law to become effective for the upcoming November elections. The cases are Frank v. Walker and LULAC v. Deininger.

more info & analysis...