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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

MN contest court rules on Franken’s motion in limine at the end of Day 7

The court ruled today on Franken’s motion in limine denying it in part and granting it in part.  The motion had sought to limit consideration of rejected absentee ballots to the 650 ballots that Coleman specifically mentioned in his notice of contest.  The Coleman campaign, on the other hand, wanted to possibly revisit all 11,000+ rejected absentee ballots.  See Coleman’s opposition to the motion here.  The court limited the pool of ballots that might be reconsidered to just under 4,800 ballots including: 1) those absentee ballots that Coleman’s side claims comply with 203B.12 subd. 2 and 2) those absentee ballots that may not comply with 203B.12 subd. 2 but whose non-compliance, Coleman claims, was not the fault of the voter.  This second group probably includes those absentee ballots cast in person by the voter and then rejected because of the election workers error in, for example, not requiring the voter to complete a ballot application.  It also likely includes absentee ballots whose envelopes have official stickers on them that obscure or partially obscure instructions to the voter.  The order seems to concentrate on Minnesota law’s statutory requirements for accepting and rejecting an absentee ballot without appearing to leave room for a constitutional equal protection argument.  Check back for more analysis on this point soon.  See the order here and the Star Tribune 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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