Daniel P. Tokaji

Professor of Constitutional Law; Senior Fellow, Election

The Ohio State University, Moritz College of Law

Professor Daniel Tokaji is an authority on the law of elections and democracy.  He teaches courses on Election Law, Constitutional Law, Federal Courts, Civil Procedure, and Legislation.  His scholarship addresses questions of voting rights, racial justice, free speech, and the role of the courts in American democracy. 

Professor Tokaji is the author of Election Law in a Nutshell (2013), and co-author of Election Law: Cases and Materials (5th ed. 2012) and The New Soft Money (2014).  He has written numerous articles and book chapters on a wide variety of election and voting issues, including voter ID, voter registration, voting technology, provisional voting, redistricting, campaign finance regulation, the Help America Vote Act of 2002, and the Voting Rights Act of 1965.  Recent articles include Responding to Shelby County:  A Grand Election Bargain, 8 Harvard Law & Policy Review 71 (2014), and Applying Section 2 to the New Vote Denial, 50 Harvard Civil Rights – Civil Liberties Law Review 439 (2015).  

Media outlets frequently seek Professor Tokaji’s expertise on election and voting issues.  The New York Times, Los Angeles Times, The Columbus Dispatch, USA TODAY have all quoted him, and he has appeared on TODAY, FOX News, NBC News, and National Public Radio.

A graduate of Harvard College and the Yale Law School, Professor Tokaji clerked for the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. Before arriving at Ohio State, he was a staff attorney with the ACLU Foundation of Southern California and Chair of California Common Cause.

Professor Tokaji has successfully litigated many civil rights, civil liberties, and election law cases. He was lead counsel in a case that struck down an Ohio law requiring naturalized citizens to produce a certificate of naturalization when challenged at the polls. He was also an attorney for plaintiffs in cases that kept open the window for simultaneous registration and early voting in Ohio’s 2008 general election, and that challenged punch-card voting systems in Ohio and California after the 2000 election.


Subscribe For Updates

A Grand Election Bargain That Everyone Should Support

11/20/18  //  In-Depth Analysis

Congress should reform voter registration while imposing reasonable voter identification requirements in federal elections

Daniel P. Tokaji

Ohio State, Moritz College of Law

Abbott v. Perez:  Bad Reading Invites Discriminatory Redistricting

7/6/18  //  In-Depth Analysis

Ironically but thankfully, the result of Justice Alito's deeply mistaken analysis in Abbott v. Perez is an opinion that makes less bad law than it might have.

Daniel P. Tokaji

Ohio State, Moritz College of Law

The Nuclear Option and Democratic Deterioration

4/10/17  //  Commentary

The Gorsuch nomination battle illustrates and exacerbates the dynamics of democratic deterioration. Reversing these trends will require elected officials to act with courage. It will also require significant structural changes to our political system.

Daniel P. Tokaji

Ohio State, Moritz College of Law

Arresting the Deterioration of Democracy

3/31/17  //  Commentary

Troubling signs abound for American constitutional democracy. It isn't (yet) too late to halt the decline. But that will require the creation and implementation of a robust democracy agenda.

Daniel P. Tokaji

Ohio State, Moritz College of Law