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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Colorado Secretary of State at odds with county officials over checkbox

Colorado Secretary of State, Mike Coffman, has directed counties to force voters who did not check a box on their registration form indicating that they have no drivers' license or state ID number to vote on provisional ballots.  Jefferson County officials plan to let voters cast regular ballots and, instead, will ask voters for additional ID to resolve the matter.  See report here.  The report indicates that voters must return to the county election offices with additional documentation to have a provisional ballot counted.  While researching Colorado election law, EL@M was told by a local elections official that Colorado officials do indeed require provisional voters to return with acceptable ID.  However, Colorado law states that provisional ballots will be counted if the voter was registered and eligible to vote. CRSA 1-8.5-106. To make this determination, officials are to look at records of convicted felons, state voter registration databases, and the state department of motor vehicles database. 8 CO ADC 1505-1-26.4.4. No mention is made of having to return with ID.  EL@M is watching this situation for further developments.

Commentary

Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

U.S. Supreme Court strikes down aggregate campaign contribution cap

The U.S. Supreme Court issued its opinion today in McCutcheon v. FEC, striking down aggregate limits on political campaign contributions but leaving in place limits on contributions to individual candidates.

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