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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Day 3 of MN U.S. Senate trial complete

The day began with the court denying a motion in limine filed by Coleman which had sought to exclude evidence of Coleman’s former position that improperly rejected absentee ballots should not have been revisited in the recount. The court has not yet ruled on Franken’s motion in limine which seeks to limit evidence on absentee ballots to only the 654 that Coleman mentioned in his notice of contest. So far, the judges seem willing to allow in much of the evidence that the two sides want to introduce while pointing out that they will only assign such evidence the weight it deserves ultimately. Deputy Secretary of State Jim Gelbman was back on the stand for the entire day. Coleman’s attorney finished his direct examination before lunch and Franken’s attorney began an extensive cross examination. Both sides’ attorneys painstakingly reviewed with Mr. Gelbman the events that took place from election day through the end of the recount. There was some discussion of a relatively new category of ballots during the Gelbman direct examination. These are the “Pile 3A” ballots that were sent out to non-registered voters who may have returned their ballots with their registration card inside the secrecy envelope instead of inside the outer envelope. These ballots have not been opened and counted and Gelbman thought they would probably number less than 50. The state has both card stock registration forms in circulation, which are easy to recognize through an envelope, and regular paper weight forms, which are harder or impossible to feel inside a secrecy envelope. The trial will resume tomorrow at 9 a.m. CT.

Commentary

Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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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

U.S. Supreme Court strikes down aggregate campaign contribution cap

The U.S. Supreme Court issued its opinion today in McCutcheon v. FEC, striking down aggregate limits on political campaign contributions but leaving in place limits on contributions to individual candidates.

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