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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

MN S.Ct. to hear

The court has allocated one hour of oral argument on how to handle Coleman's claim that approx. 150 ballots have been double-counted as a result of administrative errors in keeping track of damaged originals and the corresponding duplicates made for them.  Briefs from the government and the Franken campaign are due Monday at 9am, with Coleman having the right to reply within 4 hours.   EL@M will post them here when available, where the court's scheduling order is also listed.  (Please note: a previous post on this site erroneously referred to a "proposed order" submitted by the Coleman campaign as if it were an actual order of the court.  That post has been deleted and replaced by this one.  The court has not granted Coleman's proposed order, but has thus far only issued its scheduling order.)

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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