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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

MN Canvassing Board update

The canvassing board continues to move, mostly smoothly, through the remaining challenged ballots.  Coleman withdrew 400 more ballot challenges today leaving 800 challenges.  The board decided to move through the withdrawn challenges in the regular course of reviewing the remaining challenges rather than stop the proceedings and remove the withdrawn challenges from the board members' books of photocopies and from the images being shown in the meeting room.  Several websites are keeping a running tally of votes gained by each candidate during the challenge review.  However, what is not known is how the withdrawn challenges have been adjudicated.  Of the 5,415 withdrawn challenges, Coleman has withdrawn roughly 2,575 and Franken has withdrawn roughly 2,840.  In other words, Franken has withdrawn 265 more challenges than Coleman.  If most of the withdrawn challenges are allocated to the withdrawing candidate's opponent, then Coleman is likely to gain votes from the pool of withdrawn challenges. 


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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