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Election-Campaign Law

Election Law - Equal Vote

From Ohio State Law Professor Dan Tokaji. Election reform, the Voting Rights Act, the Help America Vote Act, and related topics -- with special attention to the voting rights of people of color, non-English proficient citizens, and people with disabilities

Post Frequency: 3.3/day

Last Entry: December 18, 2008 at 11:20:00

Electoral College Symposium

Posted on February 01, 2008
The Michigan Law Review has published this online symposium on "Recent Proposals for Electoral College Reform." It includes my contribution, entitled "An Unsafe Harbor: Recounts, Contests and the Electoral College," which addresses the interaction between federal laws structuring the Electoral College process and state laws regarding post-proceedings...

The Crawford Argument

Posted on January 08, 2008
While most of the country's eyes are on the New Hampshire primary results, the Supreme Court will on Wednesday hear arguments in Crawford v. Marion County, involving the constitutionality of Indiana's law requiring government-issued photo identification for in-person voting...

Conflict in Cuyahoga

Posted on December 21, 2007
The Cuyahoga County Board of Elections yesterday deadlocked 2-2, along party lines, on whether to purchase new voting technology for the 2008 elections. The Cleveland Plain Dealer has this report. This decision follows Monday's meeting which I blogged here, and last week's report from the office of Secretary of State Jennifer Brunner discussed here...

A Hobson's Choice in Cuyahoga County?

Posted on December 18, 2007
The Cuyahoga County Board of Elections held a hearing yesterday, to consider whether to dump its touchscreen voting system in 2008. The Cleveland Plain Dealer has this report and the Columbus Dispatch this one. This follows Friday's EVEREST report from Secretary of State Brunner's office, recommending that Ohio's existing voting technology be replaced with central-count optical scan equipment...

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EVEREST: Ohio's Voting System Report

Posted on December 15, 2007
Ohio Secretary of State Jennifer Brunner yesterday released this report of Project EVEREST (Evaluation & Validation of Election-Related Equipment, Standards, & Testing). Today's Columbus Dispatch has this report. The report is billed as a "comprehensive" review of the voting systems used in Ohio, which are also used throughout the United States...

Pew's Data Collection Proposal

Posted on October 22, 2007
Among the most serious problems with the administration of American elections is the lack of reliable information. On everything from the number of people registered to the number of votes counted, the information coming from state and local election officials leaves much to be desired...

What Congress Should Be Talking About

Posted on September 18, 2007
The U.S. House of Representatives may soon resume consideration of H.R. 811, a bill that would require voting machines to generate a "voter-verified" paper record. This bill is the outgrowth of a bitter and protracted debate over the security of direct record electronic (DRE), which has consumed considerable time and attention across the country over the past few years...

So What's Up With the Blog?

Posted on August 02, 2007
Several people have asked me this question recently, remarking on the sparsity of posts over the past few months. Part of the reason why I've not been actively blogging is fatigue or, put more positively, a need to recharge my batteries in preparation for the uptick in election administration activity that's sure to accompany the 2008 elections...

Money for Data: Funding the Oldest Unfunded Mandate

Posted on June 05, 2007
Thad Hall & Daniel TokajiFederal elections are the country's oldest unfunded mandate. The Constitution gives Congress power to make or alter rules for federal elections, but the task of running those elections has long been left to state and local governments...

The Politics of Justice

Posted on May 22, 2007
In recent weeks, the controversy surrounding the U.S. Department of Justice (DOJ) has taken an especially disturbing turn. What started as a scandal about the unjustified firings of a few U.S. attorneys now appears to be something much different -- and much more serious...

Voter Fraud and the EAC

Posted on April 26, 2007
The last few weeks have seen some very important developments in the ongoing debate over voter fraud. Just today, there's news that exacerbates concern about the role of the federal government in suppressing important information on this debate.The most recent flurry of attention began with New York Times stories earlier this month, available here and here...

Four on Bush v. Gore

Posted on April 05, 2007
The applicability of the Equal Protection Clause to matters of election administration is receiving renewed scholarly attention. My colleague Ned Foley has posted this paper, entitled "The Future of Bush v. Gore." Prof. Foley develops a taxonomy of post-Bush equal protection claims, and considers the prospects for future intervention by the Court...

Ohio SOS Asks for Cuyahoga Board's Resignations

Posted on March 19, 2007
Ohio's new Secretary of State Jennifer Brunner has asked for the resignations of all four members of the Board of Elections in Cuyahoga County, the state's largest county which includes Cleveland. The Columbus Dispatch has this report and Secretary of State Brunner has issued this press release...

Early Voting in 2008

Posted on March 13, 2007
The 2008 election season is already upon us. Each day's news contains more stories about the candidates' attempts to raise money and woo voters. In addition, bills have been introduced in Congress dealing with such diverse matters as voter intimidation, electronic voting security, and a democracy index to measure the health of state election systems...

Obama's Democracy Index Bill

Posted on March 02, 2007
Senator Barack Obama (D-IL) has instituted the "Voter Advocate and Democracy Index Act of 2007," designed to institute a system by which states' election systems could be measured. A release describing the bill may be found here and the text here courtesy of Rick Hasen...

NYU Symposium on Election Law

Posted on February 23, 2007
I'm headed to New York, for the NYU Annual Survey of American Law's 2007 Symposium, "The Uncertain Landscape of American Election Law: Where Does the Ballot Box Head from Here?" which takes place all day today. I'll be speaking on a panel in the afternoon on election administration, and there will be panels earlier in the day on campaign finance and redistricting...

Voter ID and Turnout

Posted on February 22, 2007
Yesterday's N.Y. Times had this story on a study from researchers at Rutgers University's Eagleton Institute, prepared in conjunction with the Moritz College of Law. This follows a story earlier in the week in USA Today on the same study. (Disclosure: I'm part of the team that worked on this project...

Joining the Election Law Casebook

Posted on February 21, 2007
A busy semester has left me with little time to blog, but I did want to note the announcement that I'll be joining Dan Lowenstein and Rick Hasen on the next edition of their Election Law casebook. It's an exciting opportunity, and I'm deeply honored to be joining them...

The Latest Version of the Holt Bill

Posted on February 06, 2007
Rep. Rush Holt (D-NJ) has introduced another version of his bill (H.R. 811) to require that all voting systems generate a "voter-verified" paper ballot. It would authorize $300 million for fisacal year 2007 to meet the new requirements. I've commented on the problems with this sort of requirement numerous times in the past, including here and here, and little would be gained by again replaying that debate...

The Deceptive Practices and Voter Intimidation Bill

Posted on January 31, 2007
Senators Obama and Schumer today introduced a bill (S. 1975) designed to stop deceptive practices and the intimidation of voters. The NY Times has this story and this editorial supporting the bill.The bill arises from concerns about false and misleading practices that have been reported in recent elections, targeted especially at African American, Latino, and Native American communities...

Convictions in Ohio Recount Tampering Case

Posted on January 25, 2007
Two Cuyahoga County election officials were convicted today on felony counts of negligent misconduct in connection with Ohio's 2004 presidential recount. The AP has this report. The convictions stem from the recount that was requested not by the John Kerry, but by Green Party candidate David Cobb and Libertarian candidate Michael Badnarik...

The New Year in Election Law

Posted on January 15, 2007
Although later than I'd anticipated, I'm back blogging this week. Much has happened in my absence. Having had some much-needed time to recharge my batteries, it seems like a great time to recap briefly some of the election law developments in recent weeks and look ahead to what the new year may bring...

Enjoying the Holidays

Posted on December 28, 2006
I'm taking a blogging break and will be back the week of January 8.

Guest-Blogging on Election Law

Posted on December 18, 2006
I'll be guest-blogging on Rick Hasen's Election Law Blog this week. As I've done before, I'll cross-post any posts containing substantive analysis or commentary here.

The Ohio 15th Recount

Posted on December 10, 2006
The end-of-the semester crunch has kept me too busy to blog in the past week, but there have been a lot of developments. One of them has to do with the election for Ohio's 15th Congressional District, involving Democrat Mary Jo Kilroy and incumbent Republican Deborah Pryce...

Mootness in Stewart v. Blackwell

Posted on December 01, 2006
After the 2000 election, lawsuits were filed in at least five states challenging the use of punch card voting equipment, on the ground that its use violates rights protected by the Fourteenth Amendment and the Voting Rights Act. Stewart v. Blackwell is, to my knowledge, the last remaining of these cases...

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