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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

Commentary

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

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In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you are going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

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Info & Analysis

Ohio Secretary of State Releases Report on Voter Fraud

Ohio Secretary of State Jon Husted released a report today on voter fraud in Ohio during the 2012 general election. In a press release, Husted stated that while voter fraud does exist in Ohio, "it is not an epidemic." According to the report, 135 voter fraud cases have been referred to law enforcement for possible prosecution. Twenty of these cases involved voters attempting to vote in Ohio and another state. The report shows that 115 cases were referred to local Ohio county prosecutors. According to Husted as quoted in the Columbus Dispatch, most of these cases involved voters attempting to vote twice within the state, and in a "majority" of instances, only one vote was counted.

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