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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Minnesota local officials identify 1,350 wrongly rejected absentee ballots

Minnesota's local election officials have identified 1,350 absentee ballots that were initially wrongly rejected.  The campaigns must now review the list and come to agreement on which ones should be counted.  The Franken campaign has said it will accept all of the ballots and will not add any more to the list.  The Coleman campaign has said it will review the list as is their duty under the Minnesota Supreme Court's order.  That order, here on our case page, requires county officials to send all of the ballots that they deem wrongly rejected to the Secretary of State by Jan. 2 to be opened andcounted.  The Secretary's staff will count those that the campaigns agree should be counted and send a report of the vote totals to the state canvassing board.  These ballots are not expected to reverse Franken's lead from the administrative recount.  However, an election contest based on some election irregularity will likely be filed by the Coleman campaign.  See our Minnesota Senate race page here and the latest from the Star Tribune here


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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