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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Coleman and Franken attorneys argue before MN Supreme Court over election certificate

hearing in Franken v. Pawlenty interrupted the Coleman v. Franken contest for an hour this morning. Franken's attorney argued that, even though the Senate may seat whoever they want whenever they want, the Minnesota Supreme Court should order the issuance of an election certificate. He argued that the statute governing the issuance of a certificate, 204C.40 subd. 2, is “fundamentally ambiguous” and should be interpreted so as to avoid a constitutional question. He also pointed out that a rule that doesn’t allow for the issuance of election certificates until contests brought by candidates or voters are completed and have gone through the appeal process could result in seats going unfilled for very long periods of time. Coleman and Minnesota's Solicitor General argued in favor of waiting until the election contest is complete before an election certificate may be issued saying that the statute clearly requires this and that federal law establishes no deadline for the states to issue election certificates. It is not yet known when the Court will rule on this matter.  See 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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