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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.


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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