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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Day 6 of Minnesota election contest trial complete

Today was Day 6 of the Minnesota election contest trial. Ramsey County Elections Director Joe Mansky was on the stand most of the day. He was questioned by Franken’s attorney about the practices in his county of reviewing the absentee ballot acceptance/rejection process. After last week’s trial proceedings, the Coleman campaign pointed out that Mansky said the election judges had 15 seconds to look at the ballot envelopes. Mansky clarified today that he hand-picked two election judges from his staff to review the rejected absentee ballots for mistakes, that they took as much time as they needed to review them in accordance with the court order, and that he was very confident that they had corrected any errors in his county. Coleman also called two voters at the end of the day whose ballots had not been counted. One voter apparently forgot to sign her absentee ballot envelope and the other voter’s ballot appears to have been rejected because there was no ballot application with his signature on it to be compared to his ballot even though he voted absentee in person at an elections office and his ballot was witnessed by an elections employee. See the latest Star Tribune story here and MPR story here. Mr. Mansky educated trial watchers today about Minnesota’s law requiring counties with absentee ballot boards to give voters another chance to vote absentee if they return their ballot before 5 days before the election and made a technical error on the envelope. However, not all counties and cities have absentee ballot boards and those that do have them may not convene them until less than 5 days preceding the election. This explains why many voters were not notified of the rejection of their absentee ballots while there was still a chance to correct any mistakes.

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

EXCLUSIVE: Voter fraud, or just errors?

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”

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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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