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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

MN Senate race Coleman files election contest

Norm Coleman held a press conference today while his legal team filed an election contest. See the notice of contest here. The same issues that have been raised in the last several weeks are discussed in the complaint such as duplicate ballots, a number of ballots that went missing between election night and the recount and the uniformity of the procedure for including absentee ballots. Coleman’s campaign said it didn’t know if Chief Justice Magnuson could legally recuse himself from the job of selecting the 3 appellate or district judges that will serve as the panel that hears the contest. They noted that Justice Magnuson’s canvassing board duties are now completed but that he may ultimately recuse himself if an appeal of this contest reaches his court. Justice Alan Page was the acting chief while Justice Magnuson sat on the board. Franken’s attorney noted that Justice Magnuson might not want to select the judges because of his service on the canvassing board. Neither campaign explicitly stated whether they would seek to have a voice in the selection of the 3-judge panel. In the 1962 gubernatorial election, the two candidates involved in the contest came to agreement on the composition of the panel and this likely lended credibility to the ultimate result.

Commentary

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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