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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Minnesota Supreme Court orders responses due by 9am tomorrow

The Minnesota Supreme Court has ordered all parties to file any responses to Coleman’s petition by tomorrow at 9 a.m. The counties must also inform the court as to whether they considered additional ballots suggested for inclusion by either of the campaigns and their reasons if they declined to consider additional ballots. See the order here.  Minnesota law will not allow the governor to issue a certificate of election while election contest suits are pending making it unlikely that a Senator will be seated by January 6. The campaigns are expected to have agreed to the inclusion of about 900 absentee ballots of the 1,346 identified by local officials as wrongly rejected when counting begins tomorrow. However, the Minnesota Supreme Court could revisit the standard for determining which ballots to include. Some, including Minnesota governor Tim Pawlenty, have questioned the Court’s earlier decision to turn over the decision of whether a voter’s ballot may count to the campaigns. Voters themselves can challenge the rejection of their ballot in the state Supreme Court but it will likely be too late for any that were wrongly rejected by the officials or either of the campaigns to be included in the state canvass. See the Star Tribune coverage here.


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

Daniel P. Tokaji

Tokaji Testimony for Senate DISCLOSE Hearing

Professor Tokaji has submitted the following writing testimony for today's hearing before the U.S. Senate Rules and Administration Committee on the proposed DISCLOSE Act.


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