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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.

Commentary

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

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In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you are going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

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Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

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