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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Minnesota election contest - hearing Thursday on categories of absentee ballots

The 3-judge panel has ordered Coleman and Franken to file briefs on whether 19 different categories of absentee ballots were legally cast. A hearing will be held on these issues Thursday at 1 p.m. CT. See MinnPost.com’s coverage here, the Star Tribune’s coverage here, and the order here. The judges will also hear arguments on whether to admit the testimony of a Coleman witness about the variation in rejection rates of ballots among counties. The categories are:

  1. Ballots from nonregistered voters with no box checked by the witness in the proof of residency section
  2. Address different on ballot application and ballot return envelope
  3. Witness is a notary but there is no notary seal
  4. Nonregistered voter who did not submit registration form but was not provided with registration materials by officials
  5. Ballot issued for wrong precinct due to official error
  6. UOCAVA ballots where no evidence of any ballot application
  7. No voter signature on certificate where a sticker covered instructions fully or partially.
  8. Ballots submitted by voters whose ballot application contained no signature
  9. Ballots where no evidence of any ballot application
  10. Nonregistered voter who did not sign registration form
  11. Absentee ballot application signed by another except where permitted by law (e.g. for persons with disabilities)
  12. Ballots where no witness address on the return envelope
  13. Late UOCAVA ballot
  14. Ballot dropped off by voter in person on election day
  15. Ballot dropped off by proper third party on Election Day but after deadline set by statute.
  16. Nonregistered voters’ ballots with signature in wrong place
  17. Ballots of voters not registered in precinct containing voters’ address on application and ballot.
  18. Ballots of nonregistered voters who failed to register to vote
  19. Ballots of voters not registered in the precinct where they live


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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