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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

MN Senate race - Canvassing board meets again Dec. 30

The canvassing board met today to reveal the allocation of the withdrawn challenges and to resolve clerical mix-ups with a couple of the challenges from last week.  The board also heard from the Coleman campaign about some ballot challenge decisions that the campaign thought were inconsistent with other challenge decisions.  The board recessed for an hour while 16 ballot originals were pulled and, when it reconvened, it decided not to reconsider any of them.  The members explained that they were comfortable with their original decisions while acknowledging that valid counter-arguments exist.  One member, Judge Cleary, moved to reconsider two of the ballots but no one seconded his motions.  He too expressed confidence in the fairness of the board's process and decisions.  Presently, Franken leads unofficially by 48 votes but the Secretary is still reconciling his spreadsheet with those of the campaigns.  See the latest from The Star Tribune here.  The board will meet again on Dec. 30 at 9 a.m.


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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