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Covered Topics
The Election Law @ Moritz program has faculty experts with expertise in election law and related fields, including the following topics:
- Absentee & Early Voting
- Ballot Access
- Ballot Design
- Campaign Advertising
- Campaign Finance
- Candidate Eligibility
- Citizens United & related legislation
- Disability Access to Voting
- Early Voting
- Electoral College
- Election Contest
- Election Judges
- False Campaign Ads
- Felon Voting Rights
- Get Out the Vote
- Help America Vote Act (HAVA)
- Improper Election Administration
- Improper Election Communications
- Political Activities of State Employees
- Poll Worker Training
- Polling Place Challenges
- Polling Place Notices
- Polling Place Observers
- Polling Place Press Access
- Primary Election Schedules
- Provisional Ballots
- Purging of Voter Rolls
- Recount & Run-Off Procedures
- Redistricting
- Selection of Presidential Electors
- State Voter Registration Databases
- Student Voting
- Vote Dillution
- Voter Eligibility
- Voter Fraud
- Voter ID
- Voter Registration
- Voter Supression
- Voter Turnout
- Voting Rights Act
- Voting Technology
Election Law @ Moritz is nonpartisan. We do not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself.
Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.
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Commentary
Provisional Ballots, Consent Decrees, and the Balance Between the Federal and State Governments
Owen Wolfe
A recent mandamus action filed by the Ohio Senate President and House Speaker Pro Tempore to require the Ohio Secretary of State to rescind directives issued in response to a consent decree issued in a federal case dealing with counting provisional ballots raises questions about the mechanics of state election law, the Fourteenth Amendment of the U.S. Constitution, the relationship between federal and state courts, the law of consent decrees, and more. I have attempted in this article to grapple with these issues in a fair and unbiased manner. Given the complexity of this problem, however, these matters are open to a variety of interpretations and this is just one approach. I hope, however, that this article can provide a useful starting point for a discussion about the future of provisional voting in Ohio and in the nation at large.
This paper is a first look by a student member of the Election Law @ Moritz team and reflects one possible perspective on the issue. Stay tuned, as more analysis from the team will follow as the litigation develops. Owen Wolfe is affiliated with the Ohio Democratic Party and the Obama ’12 campaign, but is not in any way associated with any litigation team working on this case. EL@M has posted the document because we believe it has public value and adds to the discourse on this topic.
more commentary...