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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Day 9 of Minnesota election contest trial ends

At the end of Day 9, Anoka County Elections Director, Rachel Smith, revealed that she and her staff yesterday found three original UOCAVA military ballots that had been remade on election night. On election night, the duplicates of these ballots were counted. In the recount, only originals were counted at the insistence of the campaigns. Therefore, because these three original ballots were not found until yesterday, they were not counted in the recount and three votes had to be deducted from the vote totals. The ballots were stored apparently in an unconventional way with the application materials in front of them. In light of yesterday’s ruling establishing the universe of ballots for which evidence may be entered, it will be interesting to see if evidence will be admitted by the panel for these three newly found ballots. 


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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