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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

MN Senate race: Franken up by 50 votes unofficially

The Minnesota state canvassing board met today to review 2 dozen ballots whose allocation on the board’s spreadsheet differed from how the campaigns thought they should have been allocated. The board disposed of these quickly with Coleman gaining two votes and Franken gaining six votes for an unofficial Franken lead of 50 votes. Next, the board will meet on Jan. 5 to determine which wrongly-rejected absentee ballots should be counted. The campaigns are having trouble agreeing on which of these ballots should be counted. Franken wants all 1,346 ballots identified by the counties as wrongly rejected to be counted. The Coleman campaign has agreed to over 700 of these and has asked that an additional 600+ rejected absentee ballots be reviewed again for possible inclusion as well. The Coleman campaign says it suspects that there has been inconsistency across counties in the decisions to include absentee ballots. Regional meetings are planned throughout Minnesota for the counties and the campaigns to attempt to come to agreement on which absentee ballots ought to be included in the state canvass.


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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