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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

MN Senate race - board recesses while ballots are pulled

This morning, the Coleman campaign told the board that there are 16 ballots it would like the board to reconsider because it believes inconsistent decisions were made as to how to allocate those ballots.  The board is in recess for one hour while the Secretary’s staff pulls the 16 ballots as well as 24 ballots that will serve as examples of other rulings that do not appear to have followed the same guidelines. In the discussion leading to this decision, the board made it clear that they are reluctant to reconsider their prior decisions but think it is important to look at the Coleman campaign's concerns to further assure the campaigns and the public that they are making the right decision.  Two of the board members suggested that what was apparent to them in reviewing the original ballots is likely not discernible in the photocopies that the campaigns reviewed.  If the board does decide to reconsider any of the challenge decisions on these 16 ballots brought forward by the Coleman campaign, the Franken campaign will then have a chance to make a list of ballots for reconsideration before the board’s Dec. 30 meeting.


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.

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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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