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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

MN Senate Race: 12/3 Update - Ritchie orders absentees to be reviewed by local officials

Secretary of State Mark Ritchie has ordered local election officials to review roughly 12,000 absentee ballots to be sure they were rejected for the four allowable reasons to reject absentee ballots under Minnesota law.  See the report here.  An absentee ballot may be rejected if it lacks any of the following: (1) the voter's name in substantially the same form as on the ballot application, (2) a signed federal oath prescribed by HAVA, or (3) the same identification number as the voter submitted on the ballot application, if the voter has such an ID number.  The fourth reason that a ballot may be rejected is if the voter has already voted at that election, either in person or by absentee ballot.  Ritchie told officials to make a "fifth pile" of absentee ballots that may have been wrongly rejected but not to count them yet.  Franken gained 37 votes from a cache of 171 ballots in Ramsey County that were found to have not been counted on election day due to machine and human error.  Coleman leads Franken in the administrative recount by 303 votes and has challenged 3,093 ballots while Franken has challenged 2,910 ballots according to the Star Tribune's recount page here.  The Franken campaign claims to be down by only about 50 votes according to the decisions made by election judges at the recount tables before any challenges are taken into account.  Their assumption is that most of these calls will be affirmed by the canvassing board when they meet to review challenged ballots.  See the report here.  With Republican Saxby Chambliss' win yesterday in Georgia's Senate runoff election, the Senate race in Minnesota will remain intense but will no longer decide whether the Democrats will have a filibuster-proof majority in the Senate. 

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 Secretary of State Releases Report on Voter Fraud

Ohio Secretary of State Jon Husted released a report today on voter fraud in Ohio during the 2012 general election. In a press release, Husted stated that while voter fraud does exist in Ohio, "it is not an epidemic." According to the report, 135 voter fraud cases have been referred to law enforcement for possible prosecution. Twenty of these cases involved voters attempting to vote in Ohio and another state. The report shows that 115 cases were referred to local Ohio county prosecutors. According to Husted as quoted in the Columbus Dispatch, most of these cases involved voters attempting to vote twice within the state, and in a "majority" of instances, only one vote was counted.

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