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Wright on the Sixth Circuit Court of Appeals' Decision that Ohio Law Requiring Petition-Circulators be Paid on Flat-Fee Basis Found Unconstitutional: Citizens for Tax Reform v. Deters

The State of Ohio's right to combat election fraud does not outweigh its citizens' First Amendment free speech protections. In Citizens for Tax Reform v. Deters, 2008 U.S. App. LEXIS 4645 (6th Cir. 2008), the Sixth Circuit affirmed the United States District Court for the Southern District of...

Implications of Obama's Nomination of Eric Holder to Attorney General Post

If you are a civil libertarian of any stripe (left, right, whatever) the Bush years gave you massive heartburn. The Bush administration did much to expand the boundaries of executive power. The administration conducted illegal surveillance of U.S. citizens, detained people without a warrant, violated...

Leveling the Playing Field? Davis v. Federal Election Commission (2008)

In Davis v. Federal Election Commission , 128 S. Ct. 2759, 2008 U.S. LEXIS 5267 (2008), the Supreme Court rejected the constitutionality of a provision of the BIPARTISAN CAMPAIGN REFORM ACT of 2002 (BCRA) called the Millionaires Amendment, which Congress passed to level the playing field between the...

State Net Capitol Journal: Presidential Race Bound for Another Bush v. Gore?

This year's presidential election could very well end much like that of 2000, with its controversial U.S. Supreme Court ruling on "hanging chads." Over the past few weeks, nearly a dozen decisions have been handed down by state and federal courts concerning state laws on early voting, provisional...

Key Part of Pennsylvania Voter ID Law Delayed Until After Nov. 6 Election

HARRISBURG, Pa. - A ruling in the voter ID trial issued by Pennsylvania Commonwealth Court Judge Robert Simpson on Oct. 2 means that all registered voters will be allowed to vote in the Nov. 6 election, regardless of whether or not they have photo IDs. As in the April 24 primary, Judges of Elections...

State Net Capitol Journal: Election Cases Coming Down To Wire

As of late last month there were 15 legal cases pending across the country concerning new election restrictions. With roughly a month left before the presidential election, the cases leave judges with little time to resolve election issues in states where the margin of victory for either President Barack...