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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

EL@M Director, Edward B. Foley, publishes op-ed on Minnesota recounts

Professor Edward B. Foley, Director of Election Law @ Moritz, has published this editorial in The Star Tribune on recounts in Minnesota.  He describes the gubernatorial recount of 1962 and the cooperation between the candidates that led to a fair recount process that was accepted by the public.  He holds this up as an example to be followed in today's recount of the race between Al Franken and Norm Coleman for Senate.  Should the result of the current recount process not be perceived as fair and neutral by the campaigns and the public, Professor Foley recommends a similar process to that used in 1962 where a three-judge panel, two of whom would be chosen by the two campaigns and the last of whom would be chosen by the first two judges, would determine the outcome of the race.  A hypothetical exercise recently undertaken by EL@M, the Election Court, was based on this model of neutrality. 


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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