Provisional ballots must be given to a voter in Ohio who requests one on grounds that he or she never received an absentee ballot. See this order. The order does not require that the state in fact count that… Continue reading

A.P. and anecdotal reports say there are long lines at the polls in Ohio and elsewhere. Watch for what happens when polls close. Many states, including Ohio (as I discussed here) allow anyone in line at the time the… Continue reading

See here. So why the late-night mad push to get the district court orders overturned by the Sixth Circuit?

In White v. Blackwell (complaint) plaintiffs seek an order requiring Ohio elections officials to give absentee voters who did not get an absentee ballot a provisional ballot to cast at the polling place.

A.P. offers this report, which begins: “SIOUX FALLS, S.D. – A federal judge partially granted Democratic U.S. Sen. Tom Daschle’s request to limit the activities of Republican poll watchers, after he accused his opponent and the GOP of intimidating… Continue reading

You can find it here.

During the night, the Sixth Circuit, by a 2-1 vote (see opinion, concurrence, and dissent) reversed the trial court order preventing the G.O.P. from having challengers at Ohio polling places. A.P. reports here that the Supreme Court… Continue reading

A.P. reports here that a federal district judge “dismissed an attempt by Republicans to force the elections supervisor in heavily Democratic Broward County to update a list of early voters, which elections officials said would be done regardless.” I hear… Continue reading

After two federal district courts issued orders earlier today enjoining Republican challengers at the Ohio polls, Republicans indicated they would appeal to the Sixth Circuit. I have not seen any papers besides a notice of appeal posted on the OSU… Continue reading

See this report by the Center for Public Integrity. From their press release: Sen. John F. Kerry may have a $24.8 million advantage over President George W. Bush in pursuing any recounts that result from Tuesday’s election, according to the… Continue reading

This one is brought by Republican challengers and the Ohio Attorney General to the Ohio Supreme Court. Petitioners seek an order directed to the Ohio Secretary of State to rescind existing rules about the number of challengers per voting location… Continue reading

Tony Mauro writes this fascinating article (registration required) in Legal Times on a 1912 recently discovered (by Green Bag editor Ross Davies) in-chambers opinion by two Justices stemming from an electoral college dispute between supporters of Teddy Roosevelt and Howard… Continue reading

You can listen here.

Just in time for the election, you can find the table of contents for Volume 3, Issue 4 of the Election Law Journal here. This issue includes the lead article by John Fortier and Norm Ornstein, “If Terrorists Attacked… Continue reading