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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Minnesota recounts: differences between 1962 and 2008

The Star Tribune has a column analyzing some of the differences between the 1962 gubernatorial race recount and today’s Senate race recount and contest. Here are some of the differences:

  • The law back then did not provide for the automatically triggered administrative recount that Minnesota has today. That provision was not enacted until after the chaotic presidential recount in Florida in 2000.
  • There were 97,000 challenges in the ’62 race contrasted with only about 6,600 in the '08 Senate race.
  • Incumbent Andersen stayed in office while the election contest was litigated resulting in his eventual defeat by challenger Rolvaag.
  • One of Coleman’s strategies is to seek the inclusion of selected absentee ballots that have thus far been rejected by election officials or the Franken campaign. Rolvaag sought to exclude more absentee ballots in his contest. The contest court in '63, however, upheld the decisions of local officials on the inclusion and rejection of absentee ballots.
  • The columnist emphasizes that Coleman likely faces more national pressure to continue fighting than did Andersen in 1963. She cites EL@M Director Edward Foley’s position that neither candidate should appeal the decision of the contest court if it viewed as a neutral body and is unanimous in its opinion.

Commentary

Dale A. Oesterle

Silence of the Lambs

Dale A. Oesterle

With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.

The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.

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In the News

Daniel P. Tokaji

Ohio Republicans Push Law To Penalize Colleges For Helping Students Vote

Professor Daniel Tokaji was quoted in a Talking Points Memo article about a bill proposed by Ohio Republicans that would restrict Ohio public universities from providing residency documents to students used to help them vote. Ohio law requires voters to have lived in Ohio for at least 30 days immediately before an election, while public schools require students to have "gone to an Ohio high school or have a parent or spouse who lives or is employed in the state prior to enrollment," the story says.

Essentially, if the law passes, schools giving out-of-state students documents to prove residency in Ohio 30 days before an election, the schools would also have to consider the out-of-state students as Ohio residents and charge them the same tuition price as in-state students. Tokaji said the law is a blatant attempt at voter repression by Republicans and called it "shameful."

“The way that they’ve written this bill makes it clear that its only purpose is to suppress student voting,” he said. “What I’d say to the Republican Party is this is not only a shameful strategy, but it’s a stupid strategy because, you know, the Republican Party already has a signifcant problem with young voters. They’re on the verge of losing a generation of voters. Their path to victory is not to suppress the student vote, but to win the student vote.”

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Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

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