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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.


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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