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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Minnesota Senate race Franken comes out ahead in state canvass

The Minnesota state canvassing board will announce the results of their canvass at its meeting today at 2 p.m. CST. Franken is ahead by 225 votes. The Minnesota Supreme Court has not acted on the motion by Coleman to alter the standard for including or rejecting absentee ballots. Coleman alleged that counties were interpreting the standard in a non-uniform way resulting in similarly situated ballots receiving different treatment from county to county. Whether or not the Supreme Court weighs in on the absentee ballots, Coleman will also have seven days after the canvass to file an election contest lawsuit before a winner is officially certified. It remains to be seen whether the Senate will conditionally seat Franken while any litigation plays out. See 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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