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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).


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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