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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

MN Senate: 11-20 Update...

Coleman's lead is now only 174 votes after 18% of Minnesota's ballots have been recounted by hand.  Faintly marked ballots combined with older optical scanners were likely the cause of some votes not being counted on the first try.  The campaigns have challenged 269 votes statewide, with Coleman observers disputing 146 ballots and Franken observers disputing 123.  The state canvassing board will review these ballots in December.  A Ramsay County court decided yesterday that the Franken campaign was entitled to data on voters whose absentee ballots were rejected and counties across the state are now expected to release such data.  It's not clear at this point where these rejected ballots will fit into the recount.  A Ramsay County official who was named in that lawsuit showed an ability to solve disputes between the campaign observer teams by brokering agreement on 12 of 13 challenged ballots at the end of yesterday's counting. 


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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