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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Election Law @ Moritz signing off

Indiana’s presidential race has only a 4,000 vote margin currently with 88% of precincts reporting.  It’s too early to know how many absentee and provisional ballots remain uncounted.  EL@M will be monitoring this race in the next day or two.  North Carolina presidential and gubernatorial races are similarly close and we will be watching these in the next couple of days.  Polling hours were extended in at least one North Carolina county.  Missouri’s presidential race is very close as well and the outcome subject to change depending on the outstanding uncounted votes. 

Voting in Florida seems to have gone relatively smoothly, perhaps because 49% of voters had already cast their ballots before polls opened today.  

There are close senate races in Minnesota and Louisiana.  Louisiana’s election in particular might experience some trouble as part of the continuing fallout from Katrina and its displaced electorate. 

Check back for more updates tomorrow. 

Commentary

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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