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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

MN election contest 933 absentee ballots already counted need not be revisited

The parties in the Coleman/Franken election contest have stipulated to the validity of the 933 absentee ballots that had originally been rejected but were accepted and counted after the Minnesota Supreme Court ordered local officials to review rejected absentee ballots again. The counties and cities decided to accept another 1300+ ballots after that second review but the candidates did not consent to counting about 400 of them.  See the stipulation order here.  Last week, Coleman also dismissed his claims regarding the Maplewood Precinct 6 “found” ballots and the St. Paul Ward 3, Precinct 9 “excess” ballots. Coleman’s team found that the handling of these ballots that were accidentally not counted on election night did not break any chain of custody rules. See that dismissal order 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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