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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.


Daniel P. Tokaji

What's the Matter with Kobach?

Daniel P. Tokaji

By "Kobach," I mean the Kobach v. EAC case in which the Tenth Circuit heard oral argument Monday – rather than its lead plaintiff, Kansas’ controversial Secretary of State Kris Kobach, who argued the position of his state and the State of Arizona. This post discusses what’s at issue in the case, where the district court went wrong, and what the Tenth Circuit should do.

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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

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

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