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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Recount in Virginia at Least 3 Weeks Away

Before any recount can occur in Virginia, the election results must be certified. This process begins on election night with the local poll workers preparing the statement of the results in their precinct, which must be conveyed to the clerk of the circuit court by noon on the day following the election, along with ballots and other records. V.C.A. 24.2-668. Each local electoral board then is required to meet by 5:00 p.m. on that day to begin the process of opening the statements of results and ascertaining the overall results, which they must conclude within seven calendar days of the election. V.C.A. 24.2-671. The electoral boards then forward these results to the State Board. V.C.A. 24.2-675. The State Board then is required to meet on the fourth Monday in November, or November 27 this year, to examine the results from the electoral boards, and may adjourn from day to day for up to three days to complete the final certification of the winners. V.C.A. 24.2-679. A petition for a recount must await this final certification, and then must be filed within ten days. V.C.A. 24.2-801.


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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