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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.


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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