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Election Law @ Moritz


Information & Analysis

MN Senate Race: 11/12 Update

Minnesota Secretary of State Mark Ritchie, by statute a member of the state canvassing board that will certify the official results of the Coleman-Franken US Senate race, will appoint the four other members of the board today. Here's more news.

Are the "found votes" suspicious?

This article explains part of the reason why Coleman has expressed suspicion of the votes that were found: 100 votes found in one precinct in Pine County all went to Franken, and 100 votes found in a precinct in Mountain Iron all went to Franken. Furthermore, overall the vote-checking has netted 435 votes for Franken while subtracting 69 for Coleman. This article suggests that Coleman's statements could be part of a political strategy to pressure elections workers to "bend over backwards" to give Coleman the benefit of the doubt when it comes to discerning voter intent. The Franken campaign, for its part, issued a press-release with historical data suggesting that these types of changes are not unusual (for additional evidence of this, see here).

Post-election audit suggests good news for Franken

An examination of 28 of the 202 precincts statewide that were randomly selected for the Minnesota's post-election audit showed that Franken picked up 6 votes, while Coleman lost one. If this pattern holds in the full recount of 4,130 precincts, Franken may come out ahead. The article also discusses a theory that Democrats generally increase their totals disproportionately in recounts because the voters who are more likely to vote for them tend to have difficulty voting, and their intent can often only be discerned by "eyeballing" their ballots (see also here).

"Lawyering up"

This article says that Coleman will procure about 120 lawyers to observe the recount. Franken is also assembling a team.

Will this election compare to Minnesota's gubernatorial election of 1962?

The original vote count in Minnesota gubernatorial election of 1962 put the Republican ahead by 142 votes, but the recount and associated litigation eventually put the Democrat into office. Read here for more details.

Commentary

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

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In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

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Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

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