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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Rivals in two House races both attend congressional orientation

With litigation pending, the official count not yet certified, and a likely automatic recount not yet begun, Steve Stivers and Mary Jo Kilroy agree that they should both be at the congressional orientiation for freshman members this week.  Both say that voters in the 15th district should not be harmed by the lengthy process of determining which of them will eventually win the congressional seat.  Similarly, Charlie Brown and Tom McClintock, currently separated by about 1,000 votes in CA-4, will both attend as well according to this Politicker report.  Fortunately, most of the candidates in as-yet-undecided races have taken this approach on how to proceed while we wait for results.  The exception has been the Minnesota Senate race in which partisan accusations have been lobbed back and forth between the candidates. 


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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