Subject: more news
From: Rick Hasen
Date: 10/26/2004, 4:48 PM
To: election-law

"New Florida Vote Scandal Feared"

The BBC offers this report.


"Appeals Court Reverses Michigan Ballot Rule"

A.P. offers this report.


"Behind the Looming Ballot Clash"

The Christian Science Monitor offers this report.


Wang on Ohio HAVA Problems

Tova Wang (Century Foundation) has posted Eyes on the Buckeyes, the first in a series of papers on HAVA issues in the battleground states.


Nader Loses in Supreme Court on Ohio Ballot Access

Or so I hear from a reliable source. The ruling is not yet on the Supreme Court's website. UPDATE: AP confirms the report here.


Sixth Circuit Issues Its Opinion in Ohio Provisional Voting Case

You can find the opinion here.


"Changes May Lead Voters to Wrong Polls"

A.P. offers this report.


Judge Dismisses Federal Lawsuit Challenging Colorado's Amendment 36

The A.P. report is here. I haven't seen the opinion yet. Most likely (from the A.P.'s general description) the federal judge abstained, ruling that the state courts should decide this first.

Why would a federal court do so, given that the issues raised are federal constitutional issues? Because the state court could potentially give the initiative a construction under state law that could avoid federal constitutional issues.

Plaintiff Jason Napolitano says he won't appeal. So this case is over, and unless someone sues quickly in state court, we won't have a resolution of this issue before Election Day.

UPDATE: A reader writes that the judge ruled from the bench, and that abstention was the third reason given for dismissal, after standing and ripeness concerns. It is not clear if there will be a written opinion. The reader also notes that there were intervenors who pushed the Article II issue; presumably they could appeal. UPDATE II: The NY Times offers this report.

-- 
Professor Rick Hasen
Loyola Law School
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