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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Franken campaign files motion to dismiss contest

See the motion here and the supporting memorandum here. The campaign claims that the Minnesota contest court is very limited in its jurisdiction over the contest and which questions it may resolve in such contests. It also emphasizes that the U.S. Senate is the sole judge of the election of its members. The memo says that Minnesota law (209.12) confers narrow authority on the contest court to decide how many votes were cast for each candidate in a congressional election while the rest of the chapter on election contests confers broader authority on courts to make factual findings and legal conclusions about election irregularities in other types of contests. In the case of elections for U.S. Senate, the Franken campaign argues that a contest court may only take and preserve evidence of irregularities but may not make findings and conclusions. The Franken memo also argues that no amendment can be made to the notice of contest so that it will satisfy the requirement of specifying the grounds for the contest because the time for filing a satisfactory notice has expired. It also argues that even if the court had jurisdiction over the matter, the Coleman campaign has not stated claims for which relief may be granted. See the Pioneer Press coverage here. More analysis of the arguments of both sides and the law governing this contest will be posted here this week.


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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