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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

What is happening today in the MN U.S. Senate trial?

Day 2’s proceedings have not yet begun. Yesterday, the court determined that they could not determine how the election officials made their decisions to reject or accept absentee ballots if they did not have clean copies of the ballot envelopes with no notations or redactions done by the Coleman campaign. Besides looking at the ballot envelope, there are other criteria that may have factored into officials’ accept/reject decisions such as: when the ballot arrived at the elections office, whether the voter was registered, and whether the voter showed up to vote on election day in addition to casting an absentee ballot. Some bloggers present at the court have heard that the judges are working on an order or stipulation but no details are available. See the Star Tribune coverage here and the MinnPost.com coverage here.


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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