Tag Archives: Elections

Tennessee election officials’ motion to stay injunction “too little, too late,” so first-time voters may continue to vote by mail.

This post arrives thanks to Erica M. Van Heyde, a 2020 graduate of The Ohio State University Mortiz College of Law, who joins Squire Patton Boggs as an associate in 2021.  Last week, in Memphis A. Philip Randolph Institute v. Hargett, the Sixth Circuit considered the application of the factors for a stay pending appeal of … Continue Reading

Sixth Circuit Strikes Down Ohio Political False-Statements Laws

Last week, in Susan B. Anthony List v. Driehaus, the Sixth Circuit applied United States v. Alvarez to strike down Ohio’s political false-statements laws. The provisions in question prohibited knowingly or recklessly making false statements with the intent of affecting the outcome of an election.  The statute specifically identified certain types of false statements as … Continue Reading

Sixth Circuit Declines to Enjoin Ohio’s Code of Judicial Conduct

In a published decision on Wednesday, the Sixth Circuit affirmed an Ohio district court’s denial of a preliminary injunction against the state’s Judicial Code of Conduct in Ohio’s upcoming Supreme Court elections. Joseph Platt, a former Ohio Supreme Court candidate, sought an injunction against the Code’s prohibition on his openly endorsing other candidates, personally and … Continue Reading

Sixth Circuit Rules that Provision of Medicaid Services Is No Bar to Campaign Contributions in Ohio

With the coming political season soon upon us, the Sixth Circuit has struck down an Ohio statute that criminalized the acceptance by state Attorney-General or county-prosecutor candidates of campaign contributions from Medicaid providers or persons with an ownership interest in a Medicaid provider.  See Lavin v. Husted (6th Cir., Case No. 11-3908, Aug. 3, 2012) … Continue Reading

Recent Decision on Kentucky Judicial Elections Continues to Shake Ohio Politics

As this blog has reported, in July 2010, the Sixth Circuit struck as unconstitutional two Kentucky regulations governing judicial elections.  In Carey v. Wolnitzek (6th Cir., Case Nos. 08-6468 & 08-6538, July 13, 2010) (PDF) the Court struck a regulation prohibiting judicial candidates from identifying their political party affiliation and also a different regulation prohibiting … Continue Reading

Ohio Changes Judicial Election Rules as Fallout Begins from Recent Ruling on Judicial Party Affiliation and Fundraising

As reported previously in this blog, the U.S. Court of Appeals for the Sixth Circuit recently struck as unconstitutional two Kentucky regulations governing judicial elections.  In Carey v. Wolnitzek (6th Cir., Case Nos. 08-6468 & 08-6538, July 13, 2010) (PDF) the Court struck a regulation prohibiting judicial candidates from identifying their political party affiliation and … Continue Reading
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