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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Some Minnesota absentee voters learning of ballot rejection

The Franken campaign is seeking to have rejected absentee ballots reviewed by the State Canvassing Board. He won a case against Ramsey County officials granting him access to the names of voters whose ballots were rejected and why. The campaign has begun contacting these voters many of whom were not aware their ballot had been rejected. See the report here. Ramsey County officials rejected approximately 800 absentee ballots. One quarter of these were rejected because the person was not registered. Others were rejected for having no witness or no signature. Others were rejected because voters filled out materials incorrectly or were sent the wrong materials by election officials. One woman’s ballot was rejected because she did not indicate her reason for needing to vote absentee. One Coleman supporter knowingly voted twice; he was not surprised when his absentee ballot was rejected because he voted on election day. He said he wanted to be sure his vote would count. A Minneapolis college student attending school in Seattle has sued over the rejection of her absentee ballot. She voted absentee (for Franken) but received a letter Nov. 3 saying her ballot had been rejected because she wasn’t registered to vote. She had received a post card, dated Oct. 30, indicating she was registered. See the report here

Update - 1:09PM: This post orginally stated that Minnesotans must appear in person to take advantage of election day registration but there is actually a method available for mailing in a voter registration form with an absentee ballot.  MR 8210.0500.


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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