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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Court Denies Coleman's Motion for Summary Judgment

The "tripartisan" 3-judge court, in denying Coleman's motion for summary judgment, unanimously ruled that there are disputed factual issues that must go to trial, saying Coleman will be permitted to present evidence that up to 4800 absentee ballots were wrongly rejected under state law.  But the court speaks dismissively of Coleman's Bush v. Gore claim: "Unlike the situation presented in Florida in Bush v. Gore, the Minnesota Legislature has enacted a standard clearly and unambiguously enumerating the grounds upon which an absentee ballot may be accepted or rejected. . . . The objective standards imposed on absentee ballots by Minn. Stat. 203B.12 distinguishes the election systems of Minnesota and Florida."  This language needs to be considered in relationship of the Court's earlier ruling today that precluded any consideration of Coleman's claims regarding roughly 7000 additional absentee ballots.  (All publicly available documents in the case are collected here).

Commentary

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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