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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Disputes in New York state senate race parallel those in OH-15 race

Control of the New York state senate rests on the outcome of a race that has come down to disputed ballots. The Democratic candidate trails the Republican candidate by about 500 votes. At issue are affidavit ballots, similar to provisional ballots, which voters who are registered elsewhere are required to use to attest to having moved into the district where they are now voting. In some cases, these paper affidavit ballots failed to include the voter’s prior address. In other cases, the voter neglected to check one of several boxes indicating a change of address. The ballots have been deemed ineligible by a Republican official who contributed to the campaign of the Republican candidate that her decision now favors. Others allege that ballots with such formal defects have always been counted in the past. One observer alleged that Republican observers were challenging ballots because of the voters’ Asian or Hispanic last names. Such disputed ballots will be reviewed by a judge at the end of 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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