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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

MN: Franken Sues for Lists of Absentee Voters

The Franken campaign has sued Ramsey County (St. Paul) to obtain a list of all voters who had cast absentee ballots that were not counted.  Both Ramsey and Hennepin (Minneapolis) Counties had refused to give the Franken campaign such lists, but at this point it appears only Ramsey has been sued.  This article suggests that, if they obtain access to this information, both parties might begin personally contacting voters to attempt to get their votes counted.  A trial court judge has already denied a request from the Franken campaign to force Hennepin officials to count 461 absentee ballots that had been set aside and not counted due to allegedly non-matching signatures.  Note that Secretary Ritchie has previously indicated that the state canvassing board would not reconsider rejected absentee ballots as part of the impending recount.  Moritz is obtaining documents.  Update:  The new Franken suit comes after officials found that the ballot signature of a nursing home resident who had had a stroke did not match the signature officials had on file.  The woman says the stroke made it difficult for her to sign her name the same way she had in the past.  The cited article explains that some counties have complied with Franken's request for the names of absentee voters, and Franken hopes the lawsuit in Ramsey County will, if successful, cause other counties to follow suit.


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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