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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

MN Senate: 11/13 Update

State canvassing board appointed

Minnesota Secretary of State Mark Ritchie yesterday filled the four remaining positions on the state canvassing board (Ritchie himself is the first member). The canvassing board certifies the official results of all statewide races and supervises statewide recounts. The board members include Eric Magnuson and G. Barry Anderson, two state Supreme Court justices with Republican ties. The other members are Edward Cleary, a Ventura-appointed trial court judge, and Kathleen Gearin, a trial court judge of unknown political affiliation. Ritchie asked Magnuson and Gearin to appoint the board members, and they appointed themselves and the remaining two judges. The Coleman campaign seemed fine with the appointments, but the Franken campaign said that Magnuson and Anderson were "partisan republicans" and tried to associate them with Governor Pawlenty who, the campaign said, had "spread false claims of foul play in an effort to besmirch our state's good reputation...." Gearin previously rejected a request by Coleman to prevent from being counted until further examination 32 absentee ballots allegedly found in an election official's car.

Impending recount

The recount will begin next Wednesday and will be supervised by the state canvassing board, although administrative regulations delegate most the board's recount duties to the Secretary of State or Secretary's designee. MN ADC 8235.0200 et seq. Details of how the recount will divide the ballots into different piles are here. Other details are here.


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

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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