[JURIST Election Special] 11:45 PM ET - CBS News has called Florida for President Bush. With 94% of precincts reporting there, Bush was leading Kerry:

Bush - 3,454,577 - 51%
Kerry - 3,162,587 - 47%

With Florida, Bush now stands at 246 electoral votes, while Kerry holds 199.

[JURIST Election Special] Live early returns on the California Secretary of State's election website indicate that all three of the Propositions we're tracking are on their way to passage. Here's the latest breakdown based on almost 4% of precincts reporting:

66 3 Strikes Limits 580,348 56.9 441,312 43.1
69 DNA Samples 668,701 66.3 341,217 33.7
71 Stem Cell Research 647,795 62.4 390,909 37.6

In Oregon, early returns are also available for Measures 35 (limiting damages in medical malpractice) and 36 (same-sex marriage ban). On 35:

Yes Votes 164,890 52.09%
No Votes 151,655 47.91%

On 36:

Yes Votes 191,005 59.08%
No Votes 132,298 40.92%

The early results on 36 are weaker than some had expected for supporters of gay marriage; Oregon had been seen as one of the only US jurisdictions where the same-sex marriage ban had a significant chance of failing.

[JURIST Election Special] Californians have been voting today on a series of Propositions. Of particular legal significance are Propositions 66 (imposing limits on the state's three strikes law - see background from the League of Women Voters), 69 (DNA sample collection - background), and 71 (bonds for stem cell reseearch - background). Hawaii, where the polls have also just closed, is deliberating on proposed state constitutional amendments 2 (public access to sex offender info) and 3 (rights of crime victims). The text of the proposed amendments is here.

[JURIST Election Special] 11:07 PM ET - AP is reporting that Republicans have retained control over the US Senate, with at least 50 of the seats going to the GOP. Reports also have Democrat John Kerry taking California as expected, while George Bush has collected Idaho.

[JURIST Election Special] 11:00 PM ET - Polls have closed in California, Hawaii, western Idaho, western North Dakota, western Oregon and Washington, leaving only Alaska residents still casting ballots.

11:15 PM ET - Rather than challenges to voters arising, a major issue cropping up today appears to be a shortage of provisional ballots. The shortage was particularly problematic in Pittsburgh, where turnout was much higher than in 2000. JURIST Staffer Liza Hall was present at a polling station in Pittsburgh today, and she reported the shortage of provisional ballots was especially problematic. Hall said each polling station received only 12 provisional ballots, with the station where she was observing running out by 11 AM. A number of voters at that Wilkinsburg station were turned away due to the shortage. In New Mexico, KRQE-TV is reporting a provisional ballot shortage as well.

11:20 PM ET - Colorado's Amendment 36 on whether to switch the state's nine electoral votes to a proportional system has failed, with 65% of voters opposing it.

11:40 PM ET - With Florida increasingly looking to go to Bush, Ohio remains a key state for Kerry. With 62% precincts reporting:

Bush - 1,777,749 - 52%
Kerry - 1,642,620 - 48%

Reuters reports that ballot confusion remained as results were tallied there this evening.

11:55 PM ET - The US 6th Circuit Court of Appeals has refused to stay a lower court order extending hours at polling stations in two Ohio counties and requiring officials to provide paper ballots to ensure people had an opportunity to vote. Read the 6th Circuit's order [PDF]. The Columbus Dispatch has more.

Ohio likely remains the key state in the outcome. The Ohio Secretary of State has Bush up 52 to 47 percent with almost three quarters of precincts reporting.

That's all for me from the anchor chair. Taking over from 12 to 2 AM is D. Wes Rist.

[JURIST Election Special] 10:55 PM ET - Multiple news services are projecting that voters in Colorado have defeated Amendment 36, which would have redistributed that state's 9 electoral votes on a split proportional basis according to popular vote. The defeat of the Amendment avoids litigation that would likely have followed its approval, based on arguments that it could not have "retroactively" applied to the 2004 election itself. From Denver, the Rocky Mountain News has more.

[JURIST Election Special] 10:53 PM ET - NBC News has called Arizona and its 10 electoral votes for President Bush, while it has awarded Pennsylvania, with its 21 votes, to John Kerry. The tally stands at 203 for Bush to Kerry's 133.

[JURIST Election Special] 10:35 PM ET - The major swing states remain up in the air as results continue to be tallied. Major networks continue to point to Florida, Ohio and Pennsylvania as being the keys to the outcome of the election.

Florida, with 74% of precincts reporting, stands at:

Bush - 2,747,384 - 51%
Kerry - 2,560,036 - 47 %

In Ohio, results are in from 34% of precincts:

Bush - 1,041,093 - 52%
Kerry - 943,467 - 47%

Pennsylvania has results from 52% of precincts:

Bush - 872, 891 - 40
Kerry - 1,314,057 - 60

AP is reporting that election-day issues have been limited to local problems, rather than any large-scale breakdowns.

[JURIST Election Special] With the latest set of poll closings at 10 PM ET, here's a brief rundown of the major ballot issues newly in play:

• Montana is voting on a constitutional amendment to ban same-sex marriage (CI-96 - Montana Pride is opposed; the Montana Family Foundation supports) and another to legalize marijuana (I-148 - Montana Care supports. Information on the ballot measures is here.
  
• Constitutional amendments are also in play in Nevada. We'll be watching Question 5, which would penalize lawyers involved in frivolous lawsuits, and Question 7, voting by "idiots or insane persons". An Initiative & Referendum Guide is here [PDF].
  
• North Dakota is voting on a constitutional amendment to ban same-sex marriage (Measure 1).
  
• Voters in Oregon are considering 2 notable amendments, Measure 35 (tort reform - limiting damages in medical malpractice cases) and Measure 36 (same-sex marriage).
  
• Utah is also voting on Amendment 3, a constitutional amendment to ban same-sex marriage.

[JURIST Election Special] 10:05 PM ET - AP is reporting that Montana and Utah have both gone to President Bush, giving him eight more electoral votes. At this point, no surprises have occurred, with declared states all going in the expected direction. No swing states have been decided thus far.

10:20 PM ET - AP has awarded Missouri to Bush, bringing his total to 196, while Kerry remains at 112.

[JURIST Election Special] 10 PM ET - Polls have closed in eastern Idaho, Iowa, Montana, Nevada, eastern North Dakota, eastern Oregon and Utah, bringing voting to a close in 43 states.

Returns continue to trickle in from Florida, with President Bush maintaining a gap over John Kerry. With more than half the precincts reporting, the tally stands at:

Bush - 2,591,797 - 52%
Kerry - 2,303,449 - 46%

The Miami Herald reports that in Broward County, where Republicans filed a lawsuit Monday over voter challenges, only one voter was challenged today.

10:15 PM ET - Several legal issues simmering at the moment.... The ACLU has sued to have thousands of late absentee ballots counted in Florida after voters received them too late to return them in time.... Many states have or will face the issue of whether to extend polling hours, with many lines remaining even as the polls are scheduled to close. Election Law @ Moritz has analysis on the issue.

10:25 PM ET - KDKA-TV in Pittsburgh is reporting that a judge in the city has ordered a voting machine from Litchfield Towers at the University of Pittsburgh impounded after some challenged voters were allowed to vote using the machine when the station ran out of provisional ballots.

[JURIST Election Special] Voters in Colorado are considering Amendment 36, on whether to change the state's system for allocating presidential electoral votes from a winner-take-all system to a proportional system. As reported on JURIST's Paper Chase, last week the proposal survived a court challenge to its constitutionality. CNN has results with 4% of precincts reporting:

Yes 91,490 (32%)
No 191,485 (68%)

CBS is projecting that an amendment banning same-sex marriage and civil unions will pass in Michigan (with 294 precincts reporting):

Yes 91,693 (63%)
No 52,738 (37%)

[JURIST Election Special] In Alabama, voters considered an amendment that would remove from the state constitution language on segregated schools, the right to an education, and poll taxes. Read background on the amendment. With the first two Alabama precincts reporting, there are 537 votes in favor of the amendment, 469 against

Arizona voters considered Proposition 200, which would require people registering to vote to prove their US citizenship. More information on the proposition can be found here (pro-Proposition 200 website) and here (anti-Proposition 200 website). Early returns are not yet available.

Updating results from Florida, with over 46% of the precincts reporting:

Amendment 1 (parental notification of minor's abortion)
Yes 2,205,075 (64.4%)
No 1,216,664 (35.6%)

Amendment 3 (medical malpractice limits)
Yes 2,200,669 (64.0%)
No 1,236,751 (36.0%)

Arkansas voters considered an amendment [PDF] to ban same-sex marriage and civil unions. CNN reports early results, with 2% of precincts reporting:

Yes 97,264 (70%)
No 40,720 (30%)

[JURIST Election Special] 9:05 PM ET - AP is projecting that Bush wins in Kansas, Nebraska, North Dakota, South Dakota, Texas, Wyoming, while Kerry has taken New York, Rhode Island.

9:30 PM ET - Louisiana and Mississippi have been added to the Bush column. CBS News has Bush at 171 and Kerry at 112.

[JURIST Election Special] 9:00 PM ET - Polls have just closed in 13 more states: Colorado, Arizona, Louisiana, western Michigan, Minnesota, Nebraska, New Mexico, New York, Rhode Island, South Dakota, western Texas, Wisconsin, and Wyoming. Pre-election polls showed Colorado, Michigan, New Mexico and Wisconsin were all close heading into today's vote. In all, these states account for 137 electoral votes.

9:15 PM ET - With 3 percent of precincts reporting in PA, Kerry is maintaining a strong lead. Both candidates were polling strong in the respective parts of the state.

Kerry - 76,090 - 70%
Bush - 32,909 - 30%

In Ohio, with 7 percent of precincts reporting, Kerry is still several points up.

Kerry - 308,282 - 53%
Bush - 276,000 - 47%

Also earlier today, the US Supreme Court denied a request for a stay of a US 3rd Circuit Court of Appeals ruling allowing voter challenges to continue. Justice Souter ruled that the request was moot since the voter that brought had successfully voted. AP has more.

9:25 PM ET - Reports from Ohio are that voter challenges did not present a problem in most areas. A suit has been appealed by the Ohio Democratic Party to the US 6th Circuit Court of Appeals over long voting lines in Ohio. Read the notice of appeal [PDF] and the answer [PDF] from Secretary of State Ken Blackwell (documents via Election Law @ Moritz).

9:30 PM ET - With 14 percent of precincts in, CNN reports the following for PA:

Kerry - 333,748 - 72%
Bush - 131,542 - 28%

9:37 PM ET - CBS News is reporting that a district judge has blocked the counting of up to 15,000 absentee ballots in Philadelphia after their validity was questioned by Republics. A hearing is scheduled for Wednesday at 9 AM ET.

9:40 PM ET - In Minnesota, a judge refused to grant a Republican request for a restraining order to keep the liberal group MoveOn.org away from polling stations. AP has more on this and other voting issues in Minnesota here.

9:50 PM ET - Races remain close in four battleground states, with neither candidate picking up a clear lead.

In Ohio, Bush takes the lead with 16% of precincts reporting:
Bush - 545,549 - 52%
Kerry - 497,167 - 47%

Michigan shows Bush with early lead with 4% of returns in:
Bush - 76,837 - 52%
Kerry - 68,617 - 47%

Wisconsin has Bush up early with 4% of precincts reporting:
Bush - 84,541 - 57%
Kerry - 61,325 - 42%

In Pennsylvania, Kerry stays in front with 19% reporting:
Bush - 227,433 - 34%
Kerry - 443,312 - 66%

[JURIST Election Special] 8:45 PM ET ~ NBC in projecting President Bush to win in Virginia.

[JURIST Election Special] Voters in Florida are considering several amendments, including Amendment 1, on parental notification of a minor's abortion, and Amendment 3, limiting contingency agreements in medical malpractice cases. With over 17% of the precincts reporting:

Amendment 1 (parental notification of minor's abortion)
Yes 1,028,026 (65.6%)
No 538,231 (34.4%)

Amendment 3 (medical malpractice limits)
Yes 1,022,302 (64.9%)
No 553,432 (35.1%)

Mississippi voters considered a constitutional amendment [PDF] to ban same-sex marriage. Very early results show 123 votes in favor, 10 votes against.

Oklahoma voters also considered an amendment [PDF] to ban same-sex marriage and civil unions. With 15% of precincts reporting:

Yes 23,108 (73.52%)
No 8,322 (26.48%)

[JURIST Election Special] 8:30 PM ET - The polls have just closed in Arkansas. Kerry has an electoral college lead over Bush 77-66 based on projections, but Bush is leading Kerry in the critical states of Florida and Ohio. If Kerry loses both of those, he may well lose the race.

8:32 PM ET - The Columbus Post-Dispatch website is down, so no more results from there for a while.

8:33 PM ET - Florida is looking good for Bush, with over 21% of precincts reporting:

Bush/Cheney - 1,080,468 54.5%
Kerry/Edwards - 886,528 44.7%

8:35 PM ET - The Post-Dispatch is back online, and Kerry has taken the lead in Ohio:

John Kerry 83,567 55%
George Bush 65,704 43%

8:45 PM ET - In Michigan today, the NAACP asked a federal judge to bar challengers from Detroit polling places, complaining that voters were being harassed and intimidated. The Detroit Free Press has more. The NAACP later dropped the suit about an hour afterwards, however. State Republicans meanwhile filed a separate action against City of Detriot officials for allegedly preventing GOP poll challengers from being present at polling places. NBC 4 Detroit has more.

8:50 PM ET - Florida still holding for Bush, with more than 27% of precincts reporting:

Bush/Cheney - 1,378,485 54.6%
Kerry/Edwards - 1,127,069 44.6%

8:51 PM ET - Ohio holding for Kerry, but with only some 2% of precincts in so far:

John Kerry 130,655 51%
George Bush 123,915 48%

8:58 PM ET - In Pittsburgh, Pennsylvania, KDKA-TV is reporting that Allegheny county is taking provisional ballots from people unable to vote earlier at other polling stations until 9:30 at the city county building. Polls were originally supposed to close here at 8, but some lines are still an hour long. Early fragmentary returns from around the state with about 1% of the precincts reporting indicate:

Kerry - 68%
Bush - 32%

That's all from me on anchor. Taking over from 9-12 will be Chris Buell. I'll be back after 10 PM ET with updated reports on ballot initiatives.

[JURIST Election Special] 8:02 PM ET - AP is projecting Bush wins in Alabama, Oklahoma, and Tennessee. AP is projecting Kerry wins in Delaware, Connecticut, District of Columbia, Illinois, Maine, Maryland, Massachusetts, and New Jersey. These projections swing the electoral college vote to Kerry for the first time tonight, 77 to 66. CNN figures indicate that the popular vote so far is still solidly with the President, however, 2,223,567 to 1,646,586.

[JURIST Election Special] 8:00 PM ET - The polls have just closed in Alabama, Connecticut, Delaware, DC, western Florida, Illinois, Kansas, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Jersey, Oklahoma, Pennsylvania, Tennessee, and eastern Texas, representing some 224 electoral votes.

8:05 PM ET - AP and the networks have projected AL, OK, TN for Bush, and Kerry DE, CT, DC, IL, MA, ME, MD, and NJ for Kerry.

8:11 PM ET - With almost 15% of the votes counted in Florida now, the balance is:

Bush/Cheney - 754,095 54.9&
Kerry/Edwards - 608,669 44.3%

8:17 PM ET - The first early returns are now coming in from Ohio, courtesy the Columbus Post-Dispatch:

George Bush 13,252 55%
John Kerry 10,606 44%

8:21 PM ET - Pennsylvania results will be somewhat slow coming in due to the fact that there is no unified online reporting system - the counties post their own election returns individually. Around Pittsburgh there were long lines to vote today - some precincts in Allegheny County ran out of provisional ballots for those who were not on the rolls. The Pittsburgh Post-Gazette has more. Mercer County encountered problems with touchscreen voting machines. Again, the PG has more.

8:27 PM ET - Bush is still winning Florida, with over 15% of the vote there now counted:

Bush/Cheney - 900,810 54.5%
Kerry Edwards - 733,911 44.5%

There is, however, a slight percentage dip away from Bush here, so we need to watch where that trend goes.

[JURIST Election Special] 7:45 PM ET - ABC News is projecting that Ohio's proposed constiutional amendment banning gay marriage will pass. The Cincinnati branch of the League of Women Voters has background on Issue 1 here. The text of the amendment reads:

Be it Resolved by the People of the State of Ohio: That the Constitution of the State of Ohio be amended by adopting a section to be designated as Section 11 of Article XV thereof, to read as follows:Article XV Section 11. Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.

[JURIST Election Special] Georgia voters today considered a constitutional amendment banning same-sex marriage and civil unions. The Atlanta Journal-Constitution is reporting that the marriage amendment has passed.

Voters in Kentucky considered a similar constitutional amendment (scroll down) banning same-sex marriage and civil unions. With over 37% of precincts reporting:

Yes 394,495 (68.6%)
No 180,351 (31.4%)

[JURIST Election Special] 7:31 PM ET - AP is calling Bush to win West Virginia, giving him 5 more votes and moving the tally to 39-3.

[JURIST Election Special] 7:30 PM ET - The polls have now closed in Ohio, North Carolina and West Virginia. In Ohio, long lines at polling places prompted last-minute calls by Democrats for polling workers to hand out paper ballots. Line waits in some counties were up to five hours. The Columbus Dispatch has more.

7:31 PM ET - AP has called West Virginia for Bush.

7:43 PM ET - Back in Florida, with 3% of precincts reporting, the results look like this:

Bush/Cheney - 138,614 56.9%
Kerry/Edwards - 102,490 42.1%

7:49 PM ET - Updated results for Kentucky, already declared for Bush - with 58% of precincts reporting:

Bush/Cheney (R) 552,088 57%
Kerry/Edwards (D) 394,812 41%

With 17% of the actual vote counted in Indiana:

Bush/Cheney (R) 236,077 61%
Kerry/Edwards (D) 146,003 37%

[JURIST Election Special] 7:05 PM ET - AP is now calling Bush to win in Georgia, Indiana, Kentucky. Kerry wins Vermont.

[JURIST Election Special] 7:00 PM ET - The polls are now closed in most of Florida, and in the rest of Indiana, the rest of Kentucky, Georgia, New Hampshire, South Carolina, Vermont and Virginia.

In Kentucky now, 20% of the precincts are reporting:

Bush/Cheney (R) 213,062 53%
Kerry/Edwards (D) 184,940 46%

New poll figures for Indiana with 2% of precincts reporting

Bush/Cheney (R) 34,013 56%
Kerry/Edwards (D) 25,703 42%

7:10 PM ET - AP and the networks have called Georgia, Indiana, and Kentucky for Bush, and Vermont for Kerry. That puts the Electoral Colleege split at 34-3 for Bush.

7:12 PM ET - No online returns yet for Florida. There were relatively few problems there today, according to Reuters. ABC 10 in Miami has more.

7:18 PM ET - The first fragmentary polls from Florida for the Presidential race are on the Secretary of State's election website. With .2% of precincts reporting:

Bush/Cheney - 33,286 53.4%
Kerry/Edwards - 28,369 45.5%

7:22 PM ET - The Kentucky live returns website is back up. With 39.8% of precincts in:

Bush & Cheney R 364,621 56.6%
Kerry & Edwards D 274,316 42.6%

7:28 PM ET - The first fragmentary returns from Virginia are now in from the State Board of Elections. With 32 of 1406 precincts reporting:

Bush/Cheney Republican 20,355 - 53.88%
Kerry/Edwards Democratic 17,128 - 45.34%

[JURIST Election Special] Here's a sampling of key state constitutional amendments, ballot initiatives and referenda on the ballot in today's general election.

Eleven states are voting on constitutional amendments to ban same-sex marriage. Proposed amendments in Mississippi [PDF - all links to proposal text or background], Montana and Oregon refer only to same-sex marriage, while proposals in Arkansas [PDF], Georgia, Kentucky, Michigan, North Dakota, Ohio, Oklahoma [PDF] and Utah would also ban civil unions.

Six states are considering medical malpractice and tort reform measures. Voters in Nevada, Oregon and Wyoming consider whether to place limits on noneconomic damages in medical malpractice cases. Voters in California and Colorado [PDF] consider tort reform measures not related to medical malpractice. Florida voters are deciding whether to limit contingency agreements in medical malpractice cases (text here).

Several states will consider election, political or judicial reform. Most notably, Colorado's Amendment 36 would change the state's system for allocating presidential electoral votes from a winner-take-all system to a proportional system. Rhode Island voters will consider a constitutional amendment meant to ensure separation of powers in the state. South Dakota's ballot has a proposed amendment on the merit selection of judges. California voters are considering initiatives on limiting the state's three strikes law (text here) and the extent to which felons should be required to submit DNA samples to the state's database (text here). Nevada voters will decide whether to penalize lawyers involved in frivolous lawsuits (text here).

Other questions facing voters include a Florida amendment on parental notification for a minor's abortion, an Alabama amendment repealing constitutional provisions related to separation of schools by race, right to education and poll tax, and a Nevada question on voting by "idiots or insane persons."

The National Conference of State Legislatures provides an overview of 2004 constitutional amendments, initiatives and referenda.

[JURIST Election Special] 6:35 PM ET - Online results from Kentucky were fragmentary just before the state's online results site became unreachable a few minutes ago, but favored Bush. Now, however, the website for WAVE-TV in Louisville shows:

Bush/Cheney (R) 16,976 - 62%
Kerry/Edwards (D) 9,988 - 36%

with 4% of the polls reporting. WAVE also has Indiana leaning Bush:

Bush/Cheney (R) 7,543 54%
Kerry/Edwards (D) 6,085 44%

but this is with only 22 of 5406 polls reporting.

[JURIST Election Special] Good evening and welcome to JURIST's special live election coverage of the 2004 election.

6:00 PM ET - The polls are now closed in eastern Kentucky and most of Indiana. There, as in the nation at large, voter turnout has been heavy. Voters in Indiana encountered long lines and some problems - in Indianapolis, for instance, some voters were turned away from the polls because they had been erroneously purged from the rolls. The Indianapolis Star has more. In Kentucky it was the same story, with perhaps fewer problems, according to WAVE-TV in Louisville.

6:10 PM ET - We now have very early Presidential returns from the Kentucky State Board of Elections. Three precincts reporting, 0.1% of the state vote.

Bush & Cheney R 4,221 - 61.1%
Kerry & Edwards D 2,640 - 38.2%
Nader & Camejo I 31 - 0.4%

More results available live here.

6:20 PM ET - No online results as yet from Indiana. Elsewhere across the country, voting continues. Earlier this afternoon, the US Court of Appeals for the Third Circuit stayed an order of a New Jersey judge that would have limited Republican challenges to voters in Ohio under a consent decree imposed in New Jersey on the GOP in the 1980s. The Third Circuit stay is here [PDF]. Early this morning the US 6th Circuit took a similarly permissive stance towards challenges, staying two Ohio federal court rulings that would have limited them.

6:28 PM ET - Trouble with the Kentucky electoral website...

[JURIST] In Florida today, Seminole County Circuit Court Judge Nancy Alley issued an injunction which blocks the Democratic Party from intimidating Republican poll watchers who may challenge ballots which are cast illegally. Republican poll watcher J. Thomas Monk brought this suit after receiving a letter sent to Republican poll watchers by the National Democratic Committee informing them that challenges not based on personal knowledge would violate state law and the watchers could be subject to criminal prosecution. Alley found the letter not only to be misleading but also have a chilling effect on poll watchers in doing their jobs. The injunction blocks local, state and national Democratic officials from "further intimidation, further dissemination of these materials designed or intended to intimidate or unduly threaten the activities of poll watchers who are duly carrying out their responsibilities." The Orlando Sentinel has more.

[JURIST] US soldier Charles Robert Jenkins, accused of defecting to North Korea, is scheduled to face court-martial on Wednesday. Jenkins, who disappeared in 1965 while on active duty in South Korea, has lived in North Korea for 39 years without ever explaining the circumstances on how he got there. He gave himself up to the US in September. Jenkins now faces desertion and other charges. It is being speculated Jenkins made a deal because no pre-trial hearing has taken place. It is possible that Jenkins will plead guilty to one or more of the charges against him in exchange for information on the North Korean regime. BBC has more.

[JURIST] The Supreme Court today heard arguments in Johnson v. California (case summary from Duke Law School), a racial segregation case, involving the constitutionality of black California inmates being bunked together for months at a time, with the purpose of keeping prisons safe. At issue is an unwritten California policy which requires prison officials to assign newly arrived black prisoners to bunk only with other black prisoners for two months or more. Inmates are separated by race each time they transfer to a new facility. Eight other states have joined California in an effort to keep up the policy. The Supreme Court has typically given prison officials a free hand in managing their facilities to control violence and protect inmates and those who guard them. Chief Justice William H. Rehnquist missed the argument because of ongoing radiation and chemotherapy for thyroid cancer but is expected to vote (see previous report on Paper Chase). The case is Johnson v. California, 03-636. Read the Ninth Circuit opinion upholding the practice here [PDF]. Read Johnson's brief to the Supreme Court here [PDF]. Read the California brief to the Supreme Court here [PDF]. AP has more.

[JURIST] Zacarias Moussaoui's lawyers, in a written motion, indicated that they will ask the trial judge to postpone bringing the case to trial while they attempt to appeal pretrial issues to the Supreme Court. The lawyers are attempting to gain direct access to three al-Qaeda prisoners who would help Moussaoui's defense and may bar the government from seeking the death penalty. The US Court of Appeals for the Fourth Circuit ruled that summaries of interrogation statements of the prisoners are available to Moussaoui but will not allow direct access. The government had requested that opening statements begin in the case on May 31, 2005. The US government's motion is available here [PDF]. Read the indictment against Moussaoui here. Click to read the Fourth Circuit opinion here [PDF]. Review materials on US v. Zacarias Moussaoui from the US District Court for the Eastern District of Virginia. AP has more.

[JURIST] British MPs voted Tuesday against a ban on smacking children in England and Wales, opting instead for a compromise amendment that criminalizes hitting that leaves marks or causes mental harm. The outright ban, opposed by Prime Minister Tony Blair, was reject by a 424-75 vote. Proponents of the ban argued that children should receive the same protection from hitting that adults do, while opponents argued that the measure would invade family privacy too much. The amendment was part of the larger Children Bill [PDF]. BBC News has more.

[JURIST] In Tuesday's corporations and securities brief, Verizon Wireless and Nextel Communications Inc. announced a resolution over disputes arising from airwaves and trademark names. Under the agreement, Nextel will swap airwaves worth as much as $4.86 billion and allow Verizon Wireless to use the push-to-talk name that has been used to promote Nextel service. Read the Verizon press release here. Bloomberg has more.

In other news, the SEC announced David Rivard and David Kaplan, two former Computer Associates International Inc. executives, have settled charges that they helped improperly recognize revenue at the software maker. The pair will pay a fine of $387,470 and are permanently barred from serving as an officer or director of a publicly held company. Read the SEC litigation release here. Reuters has more.... As previously reported on JURIST's Paper Chase, a New York judge has refused to combine former Tyco CEO Dennis Kozlowski's retrial on larceny charges with his trial on charges that he failed to pay sales taxes on art worth $13 million. Paper Chase has ongoing coverage of the Tyco trials. AP has more.... The SEC was forced on Tuesday to extend interim rules for oversight of banks offering brokerage services because of a stalemate with the Federal Reserve. The SEC is attempting to implement a rule which would subject some banks to SEC oversight if they provide securities services. Read the SEC press release announcing the move here. The Boston Business Journal has more.... Immucor Inc. announced president and chief executive Gioacchino De Chirico will down as CEO while the company investigates a criminal probe into De Chirico and an Italian subsidiary relating to alleged improper payments to a physician in exchange for business from his hospital. Read the Immucor press release here. AP has more.... Conrad Black quit as chairman and chief executive officer of Hollinger Inc. which in effect preempts a court decision that may have ousted him today. Bloomberg has more.... As previously reported on JURIST's Paper Chase, Moscow's Meshchansky Court Tuesday adjourned the trial of former Yukos head Mikhail Khodorkovsky until November 9 after hearing testimony from about 80 prosecution witnesses. Paper Chase has continuing coverage of the Khodorkovsky trial. The Russia Journal has ongoing coverage of the Khodorkovsky trial and the court battles faced by Yukos. MosNews has more.

[JURIST] The Florida Democratic Party has challenged an emergency ruling by Secretary of State Glenda Hood that set procedures for recounting votes [PDF] cast on touch-screen machines, alleging that Hood abused her power in issuing the ruling. The case involving the Oct. 15 ruling is before the FL Supreme Court after a state appeals court certified to the supreme court the question of whether the ruling was justified. Parties, including Hood and the state Democratic party filed briefs Monday. Hood, a Republican, set procedures that call for a printout of an image of a voter's ballot [PDF], while Democrats have argued for a voter-verified paper trail from the election. If a recount is needed following today's election, the supreme court could once again be involved in the proceedings, as it was in 2000. A federal judge ruled last week that no paper trail was needed for touch-screen ballots in Florida. More on touch-screen voting in Florida is available here. Read the Democrat's brief [PDF] and Hood's brief [PDF] filed in the case. The Palm Beach Post has more.

[JURIST] Lawyers for former US chess champion Bobby Fischer appeared in a Japanese court Tuesday in their latest effort to prevent Fischer's deportation to the US. Fischer is wanted in the US for playing a 1992 chess match in Yugoslavia in violation of international sanctions. Fischer's lawyers appeared in court briefly Tuesday to exchange evidence. The next court hearing in the case is scheduled for January. BBC News has more.

Previously on JURIST's Paper Chase...

• Japan delays deportation of former chess champ Fischer
• Japan denies asylum request from former chess champ
• Japanese court says Fischer can be deported to US
• Chess champ appeals Japanese deportation order
• Former world chess champ Bobby Fischer arrested in Japan

[JURIST] Opening statements in the court-martial of Maj. Clarke Paulus could begin as early as Tuesday afternoon. Paulus is charged with assault, dereliction of duty and maltreatment in the death of an Iraqi prisoner who died while in US custody. Charges arising out of the incident were initially brought against eight men, but were eventually dismissed against everyone but Paulus and Sgt. Gary Pittman, who was convicted of assault and dereliction of duty. Pittman was sentenced to 60 days hard labor and demoted to private first class. During a hearing Monday, military judge Col. Robert Chester ruled that most of the medical evidence in the case against Paulus should be excluded after government prosecutors admitted losing track of body parts from the prisoner. Also Monday, Paulus' defense lawyer argued that the charges should be thrown out on the grounds that the government is selectively prosecuting Paulus. Chester is scheduled to rule on the motion to dismiss Tuesday morning. The San Diego Union-Tribune has more. JURIST's Paper Chase has background on the charges against Paulus.

[JURIST] A New York judge has refused to combine former Tyco CEO Dennis Kozlowski's retrial on larceny charges with his trial on charges that he failed to pay sales taxes on art worth $13 million. New York Supreme Court Justice Michael Obus declined to combine the trials because the larceny trial, slated to begin in January, includes former Tyco CFO Mark Swartz and there is not enough evidence that Swartz was involved in the scheme to avoid payment of sales tax. Read the amended indictment [PDF] against Kozlowski and Swartz. AP has more. JURIST's Paper Chase has ongoing coverage of the Tyco trials.

[JURIST] Moscow's Meshchansky Court Tuesday adjourned the trial of former Yukos head Mikhail Khodorkovsky (BBC profile) until November 9 after hearing testimony from about 80 prosecution witnesses. Earlier this week, the Russian court granted a request by the state prosecutor and prolonged Khodorkovsky's custody term until February 14. Khodorkovsky's personal trial website has reaction to the extension of custody. Khodorkovsky faces multiple tax fraud and evasion charges and oil giant Yukos owes over $17 million in back-taxes. MosNews has more. The Russia Journal has ongoing coverage of the Khodorkovsky trial and the court battles faced by Yukos. Read previous coverage on JURIST's Paper Chase of the Khodorkovsky trial.

[JURIST] Saddam Hussein's wife and three daughters have sacked Jordanian lawyer Muhammad Rashdan, saying they cannot continue to work together after a disagreement. Other members of Saddam's defense team have said that Rashdan went to the Iraqi Special Tribunal, without the rest of the defense team, seeking power of attorney. Rashdan denied the incident to reporters and accused two other lawyers of misappropriating $270,000 earmarked for Saddam's defense. Saddam faces war crimes and genocide charges and will likely face trial some time in 2005. BBC News has background on the charges against Saddam. Aljazeera has more.

[JURIST] The US Third Circuit Court of Appeals has denied a stay of an order [PDF] issued yesterday by New Jersey District Judge Dickinson Debevoise. Judge Debevoise ruled that the Republican National Committee cannot use a list of 35,000 names (later reduced to 23,000 names) to challenge voters at the Ohio polls because it violates a previous New Jersey consent decree. AP has more.... As previously reported on JURIST's Paper Chase, the US Sixth Circuit Court of Appeals stayed two lower court rulings early Tuesday morning, ruling that the Ohio Republican Party can place people at polling stations to challenge voter eligibility. The US Supreme Court has refused to stay the Sixth Circuit decision.... US District Judge Lawrence Piersol early Tuesday granted a request by Democratic US Sen. Tom Daschle to limit activities of Republican poll watchers in South Dakota's Charles Mix County. Daschle had sought a temporary restraining order preventing Republicans from doing anything to "harass, intimidate or discourage voters." Judge Piersol ruled that poll watchers are prohibited from following American Indian voters out of polling places and from taking down license plate numbers of American Indians' vehicles. AP has more.... Pennsylvania Commonwealth Court President Judge James Gardner Colins has extended the state's deadline for overseas voters' absentee ballots. Judge Colins said that the votes should be counted as long as the votes are cast by 8 PM Tuesday in Philadelphia, regardless of what time zone the voter is in. AP has more. Paper Chase has background on the extension of the overseas ballot count in PA and other election issues in the battleground state.... Lawyers and election-rights activists hit polling places Tuesday to watch for problems in Florida, Ohio and other battleground states. Within two hours of polls opening, an online and phone hotline has received reports of over 900 incidents, although most relate to questions about registration and polling locations. However, voters in New York, Pennsylvania and Ohio are complaining of late poll openings or problems with non-electronic voting machines. AP has more.... Voters in 11 states will decide Tuesday whether to approve constitutional amendments banning same-sex marriage. Proposed amendments in Mississippi, Montana and Oregon refer only to same-sex marriage, while proposals in Arkansas, Georgia, Kentucky, Michigan, North Dakota, Ohio, Oklahoma and Utah would also ban civil unions. It is expected that the same-sex marriage bans will past in most states, although gay-rights groups are hoping that the Oregon proposal will be defeated. AP has more.

[JURIST] Closing arguments began Monday in the criminal case against two men accused of planning the 1985 Air India passenger jet bombing. The two men, Ripudaman Singh Malik and Ajaib Singh Bagri, are charged with first degree murder, conspiracy to commit murder, and placing bombs on an aircraft, among other charges. The trial, held in Canada due to the large number of Canadian citizens on the flight that originated in Canada, is the longest and most expensive trial held in Canadian history. The trial was a bench trial, meaning that no jury sat to hear the evidence. Justice Ian Bruce Josephson will sort through the thousands of pages of testimony to decide the case. His judgment is expected sometime next year. Read background of the trial here. CBC News has more.... The first-ever direct criticism of the modern Egyptian government by in-country human and civil rights groups was published Monday. The document contains the signatures of over 700 activists and organizations that are lobbying for sweeping constitutional change to the Egyptian political system. The petition criticized the power of the president under the current constitution, pointing out President Hosni Mubarak's 4 six year terms that have had no serious challenges. The petition also lobbied for the revocation of the emergency laws of the nation, which has been in effect since 1981 assassination of President Anwar Sadat. BBC News has more.... A Turkish report on in-country human rights standards has sparked controversy among government officials. The report was set up as part of the push to make Turkey more acceptable to the European Union in hopes of beginning membership talks, but has resulted in a division among officials about the status of human rights within Turkey. The report from the Human Rights Advisory Board examined the rights of minority citizens in Turkey and the protection of cultural freedoms. Both were found to be severely lacking by the report, which stated that the country's Turkish-only policy for a national language was unsupportable under the international human rights agreements that Turkey has signed. The report also claimed that Parliament was an ineffective check on the executive, that torture still occurred under the direction of the country's security services, and that a 'paranoia' existed that the protection of cultural rights would mean the break up of the nation. The tension escalated Monday when a government official, set to brief the press on the report, was assaulted by the head of a trades union, who snatched away the report and proceeded to taunt and heckle the board and its recommendations for constitutional amendments. JURIST's Paper Chase has background on Turkey's bid for EU acceptance. The Kurdistan Observer has more.... President-designate of the European Commission Jose Manuel Barroso requested Latvia to name a new candidate to the proposed list of commissioners for the EC Tuesday. Latvia had selected Ingrida Udre to represent the country in the Commission, but a failure to satisfactorally explain financial irregularities in her past led to EU MEPs deciding not to endorse her. The selection process has already run into problems with the controversy surrounding Italy's Rocco Buttiglione. MEPs cannot reject single candidates off the list, but instead must either accept or reject the entire list as a whole. JURIST's Paper Chase has background on the EC process. BBC News has more.

[JURIST] A split panel of the US 6th Circuit Court of Appeals stayed two lower court rulings early Tuesday, holding that the Ohio Republican Party can place people at polling stations to challenge the eligibility of voters. Two Ohio federal judges had ruled Monday that challengers could not be present today because it might intimidate voters (see this Paper Chase report). In a 2-1 ruling - the two Republican-appointed judges prevailing, and the Democratic-appointed judge in dissent - the court held that the presence of monitors at the polls would not be an unconstitutional burden on voters and that a last-minute change could cause more harm. The court wrote:

Instead, the courts below found a likelihood that the right to vote would be unconstitutionally burdened by having challengers present at the polling place, and that the presence of such challengers was not a sufficiently narrowly tailored way to accomplish legitimate government interests. Of course if we assume that the presence of challengers burdens the right to vote, it may certainly be argued that a more narrowly tailored approach is available. But the plaintiffs do not appear likely to succeed on the necessary primary finding that the presence of challengers burdens the right to vote. Challengers may only initiate an inquiry process by precinct judges, judges who are of the majority party of the precinct. The lower court orders do not rely on the likelihood of success of plaintiffs’ challenges to the procedure that will be used by precinct judges once a challenge has been made. Longer lines may of course result from delays and confusion when one side in a political controversy employs a statutorily prescribed polling place procedure more vigorously than in previous elections. But such a possibility does not amount to the severe burden upon the right to vote that requires that the statutory authority for the procedure be declared unconstitutional.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Tuesday, Nov. 2

Voters across the US go to the polls today for the 2004 election. JURIST's Paper Chase will keep on eye on the voting during the day and will provide continuous live coverage of legally related election issues after the first polls close at 6 PM ET.

The US Supreme Court will hear 10 AM ET arguments in Florida v. Nixon (case summary from Duke Law School), in which the Court will review a Florida Supreme Court decision holding that counsel was ineffective in a capital murder case. The ABA has merit briefs in the case. The Court will also hear arguments in Johnson v. California (case summary from Duke Law School), where it will decide whether California's practice of racially segregating prisoners for a 60-day period violates the Equal Protection Clause. The ABA has merit briefs filed in the case.

The US House and Senate are in recess until Tuesday, Nov. 16.

At the International Criminal Tribunal for the Former Yugoslavia, the trials of Naser Oric, Momcilo Krajisnik, and Enver Hadzihasanovic and Amir Kubura continue. Watch a webcast of the Oric trial beginning at 3:30 AM ET (9:30 AM local time). The webcast is on a 30-minute delay for witness protection purposes. The ICTY will also hold a status conference on the trial of Milomir Stakic, which will begin at 9 AM ET (3 PM local time) and is available via webcast. ICTY has background on the Oric trial, Krajisnik trial and the Hadzihasanoviv and Kubura trial.