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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

US Senate Races Apparently Determined

In the past 36 hours, the unresolved Senate races in Virginia and Montana have given rise to discussion both here and elsewhere of the possibility that the US Senate might end up facing the unprecedented scenario of having to entertain an election contest (or potentially even two such contests) whose outcome would determine control of the Senate. However, that scenario is quickly becoming unlikely. Earlier today, Senator Burns reportedly conceded his race for reelection as Senator from Montana, and reports are that later this afternoon Senator Allen plans to concede his bid for reelection as Senator from Virginia. At that point, barring some dramatic discovery in the process of the official certification of these elections, the Senate can breathe a sigh of relief about not having to face the difficult task of adjudicating such a difficult election contest.


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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