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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Minnesota Canvassing Board meeting now

The Minnesota Canvassing Board is meeting now. They first discussed the challenged ballots and encouraged the campaigns to make their job easier by only making serious challenges. They then moved on to discussing the 133 missing ballots from Minneapolis. Cindy Reichert, Director of Elections in Minneapolis, is speaking now. EL@M has the Franken campaign’s brief regarding the missing ballots posted here on our canvassing board page. The board will also discuss the mistakenly rejected absentee ballots. The attorney general gave an opinion to the board that has just been released to the public. The opinion says there is authority in case law for including the missing ballots. The canvassing board has just unanimously passed a motion to accept the election night machine totals from the Minneapolis precinct where the ballots went missing. The meeting is now moving on to the question of the “fifth pile” of wrongly rejected absentee ballots. The attorney general recommends counting these ballots if both campaigns sign on to that decision.

Commentary

Dale A. Oesterle

Silence of the Lambs

Dale A. Oesterle

With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.

The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.

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In the News

Daniel P. Tokaji

EXCLUSIVE: Voter fraud, or just errors?

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”

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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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