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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

MN Canvassing Board decides on the Lizard People ballot

The canvassing board was finally faced with the "Lizard People" ballot that has received much attention in the press.  The voter wrote in "Lizard People" on the write-in line in the Senate race without filling in the oval next to the line.  He also filled in the oval for Franken in the same race.  The voter wrote in Lizard People for other races as well.  The board decided that this was an overvote.  There was some discussion about whether the write-in was a political statement or was a reference to a person.  The board members ultimately decided that Lizard People could refer to an actual person.  The board previously reviewed a similar ballot where a voter had filled in the oval for Franken and had written in Jesse Ventura, a known real person, without filling in the oval next the write-in line.  The board determined it to be an overvote.

Commentary

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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