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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

MN Senate race - talk of reviewing even more ballots

Not much has changed in the story of the election contest.  The 3-judge panel has not been announced and no new documents have been filed in the suit.  The Star Tribune had a weekend story, however, about the Coleman campaign's effort to review more ballots than have so far been contemplated.  The campaigns have requested thousands of documents from the counties to aid their determination of what else should be considered in this contest.  Some counties took another look at all or some of the 654 absentee ballots that Coleman claims should have been reconsidered for inclusion.  So far, only one of these, from Mower County, is now being considered for inclusion because officials believe the signatures on the application and the ballot do in fact match.  The St. Paul Legal Ledger spoke with ex-Secretary of State Mary Kiffmeyer who believes absentee ballots should not have been included at all in the recount.  She also suggested that wrongly accepted absentee ballots should have been reviewed in addition to wrongly rejected ones but acknowledged that would require a huge effort by officials.  The campaigns did not raise the issue of wrongly accepted absentee ballots during the recount.  The Minnesota Independent has a story about the cost to a voter to challenge the rejection of their ballot.  One Minnesota lawyer estimates it to be $3,000-5,000.  

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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