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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


Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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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

Daniel P. Tokaji

Tokaji Testimony for Senate DISCLOSE Hearing

Professor Tokaji has submitted the following writing testimony for today's hearing before the U.S. Senate Rules and Administration Committee on the proposed DISCLOSE Act.


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