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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

MN Senate race: contest panel not yet appointed

The Minnesota Senate race is now in the election contest stage.  Minnesota statewide contests are decided by a three-judge panel appointed by the chief justice of the Minnesota Supreme Court.  Chief Justice Eric Magnuson served on the state canvassing board and has thus recused himself from the appointing duty.  The next most senior member of the Court is Justice Alan Page.  He has not yet appointed anyone nor has he indicated whether he will seek the agreement of the campaigns on the compostition of the panel.  Here are some of the news stories out today:

  • The Minnesota Independent has a story about what's next in the contest process that discusses Page's background and current role.  Another story reports that ballot form and design are unlikely to be changed if any election reform takes place in the near future.  Legislators from both parties said correct completion of the ballot can be achieved with better poll worker training and voter education.
  • The Minnesota Post has a recap of some events from the recount and state canvass that includes some analysis of the current Minnesota Supreme Court.  One expert says the Court was largley in agreement in its 2008 decisions but that its so-called liberal members are often on different sides of issues. 
  • The Pioneer Press has a story about some of the voters who have just received notice that their absentee ballots were not counted.  One woman's ballot was rejected by the Coleman campaign because it was witnessed by a notary in Texas who did not include the notary seal.  She said she voted for Coleman and is considering legal action.  The Coleman campaign is contacting selected voters whose ballots were rejected to see if they are interested in challenging the rejections.
  • Many editorials have been written about Coleman's right to challenge the election results with most authors guessing that Franken would have done the same had the recount and canvass ended in Coleman's favor.  The Star Tribune reports that a recent poll found that a slight majority of Minnesotans think Coleman should concede.  Forty-nine percent disagree with Coleman's effort to overturn the recount result and 42 percent agree with it.

 

Commentary

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

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In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you are going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

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Info & Analysis

Ohio Secretary of State Releases Report on Voter Fraud

Ohio Secretary of State Jon Husted released a report today on voter fraud in Ohio during the 2012 general election. In a press release, Husted stated that while voter fraud does exist in Ohio, "it is not an epidemic." According to the report, 135 voter fraud cases have been referred to law enforcement for possible prosecution. Twenty of these cases involved voters attempting to vote in Ohio and another state. The report shows that 115 cases were referred to local Ohio county prosecutors. According to Husted as quoted in the Columbus Dispatch, most of these cases involved voters attempting to vote twice within the state, and in a "majority" of instances, only one vote was counted.

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