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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Minnesota Senate race: Coleman up by 169 votes

Both candidates gained more votes today as recounting continued. Franken now trails by 169 votes according to this morning’s reports out of St. Louis and Ramsey counties. See the Star Tribune’s report here. There are 107 recount sites (counties and cities) and they are required to finish their work and report by Dec. 5 to the state canvassing board. The board will accept those reports and rule on disputed ballots beginning Dec. 16. Following its conclusions, litigation could postpone the final conclusion into 2009. See today’s AP report on the recount here.

Commentary

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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