New Moritz Election Law Project

Election Law@Moritz has begun a new project, 50 Questions for Five Key States. As Ned Foley explains:

    There are a lot of important competitive races all around the country this year. Focusing on five midwestern states that border the Great Lakes – Ohio, Michigan, Wisconsin, Minnesota, and Illinois – there are Senate and/or gubernatorial races in all of them, most of which are currently projected to be close. These states also have U.S. House of Representative races worth watching.
    Election Law @ Moritz has been fortunate to receive a grant from the Joyce Foundation to produce a book-length study of the laws in these five states that concern the voting administration process – what we are tentatively calling From Registration to Recounts. This study will not be complete until the summer of 2007. Meanwhile, for the immediate purpose of this fall’s elections, we are asking whether voting administration laws of these states are currently equipped to handle problems that might arise in the context of a close vote in a major race.
    To this end, we have identified 50 questions that we think is important to ask of each of these state’s voting administration laws. Over the next few weeks, we will be posting on this website our best efforts to answer these questions. In many instances, the relevant law – whether found in statutes, administrative decrees, judicial decisions, or some combination thereof – is not straightforward but rather requires considerable analysis and interpretation. In these circumstances, we have endeavored to be entirely objective and nonpartisan in our answers, as we would if we were attorneys charged with the task of explaining the law to clients, yet behind a Rawlsian “veil of ignorance” concerning the political beliefs and affiliations of the clients we represent. (The reference is to the thought experiment, designed to induce an impartial point of view, in John Rawls, A Theory of Justice.) Of course, Election Law @ Moritz represents no clients; we strive to explain election law in ways that will benefit all members of the public, regardless of political persuasion. (Anyone seeking legal counsel concerning the election laws of these five, or any other states, would obviously be required to engage one’s own attorney.) In a few instances, moreover, we have found that a state’s laws seem not to provide any answer at all.

For a taste, check out this page devoted to Ohio.

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