OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Minnesota Canvassing Board - summary of 12/12/08 meeting

The Minnesota Canvassing Board met today. They first discussed the large number of ballots challenged by the campaigns that they are to review next week. The board unanimously encouraged the campaigns to continue withdrawing frivolous challenges. Franken's campaign is expected to withdraw 750 more ballot challenges today.  The board then moved on to discussing the 133 missing ballots from Minneapolis. Cindy Reichert, Director of Elections in Minneapolis, spoke about her belief that the ballots were legitimately cast and counted and the canvassing board unanimously passed a resolution to accept the election night machine totals from the Minneapolis precinct where the ballots went missing. The board next discussed the question of how to handle absentee ballots that have allegedly been wrongly or mistakenly rejected by county canvassing boards. After discussion in which board members emphasized that they had no authority to force counties to sort their absentee ballots and count those that were wrongly rejected on the first try, the board concluded that nothing in Minnesota law prohibits them from requesting that counties identify and count any wrongly rejected absentee ballots. The board also concluded that nothing in Minnesota law prohibits them from accepting amended returns from the counties but they did not go so far as to move to accept such returns at this point. The board did unanimously decide to recommend to the counties that county officials identify and count any wrongly rejected absentee ballots. Questions remain about what can and will be done with such amended returns. Last week, one county official, Joe Mansky of Ramsey County, told a reporter that he would not count 32 mistakenly rejected ballots without a court order. He believes the law requires such an order. EL@M will be monitoring any new actions by the counties and the campaigns in light of the canvassing board's unanimous resolutions today.


Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

more commentary...

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.

more EL@M in the news...

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.

more info & analysis...