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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Dakota County official still on stand in Minnesota contest

Dakota County Election Director Kevin Boyle is still on the stand today. Over the last few days, he has testified that there are still ballots that were improperly rejected and should probably now be counted. These include ballots on which election judges did not write a reason for rejection and ballots that judges originally thought contained signatures that didn’t match the signatures on the ballot applications. Yesterday’s Star Tribune coverage discusses this issue here. Coleman’s attorney calculates that at least 80 ballots from Dakota County should now be opened and counted as a result of Boyle’s testimony. Today, Franken’s attorney questioned Boyle about ballots that the Coleman campaign vetoed during the ballot review process ordered by the Minnesota Supreme Court. Coleman has a website listing the names of voters that he claims Franken wants to disenfranchise. But Franken’s attorney pointed out in court the names of 10 voters whose ballots Coleman himself objected to counting. See the story here. Franken’s attorney also questioned Boyle about whether Minnesota law provides that voters’ errors may be excused by election officials’ errors. Boyle answered that he does not think official error excuses voter error. Minnesota rules do require that election officials check that envelopes are sealed and that certificates are properly completed when voters return absentee ballots in person as the 3-judge panel noted in its order yesterday. Order on motion for summary judgment, Feb. 10, 2009 (citing Minn. R. 8210.2200, subp.2).


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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