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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Minnesota election contest update

Court proceedings were very brief today with a normal full day expected tomorrow.  Coleman's attorney, Ben Ginsburg, said that ballots that have already been counted from the Nauen group of Franken voters or the 933 that were counted after the Supreme Court-ordered review by the counties are now being labeled as illegally cast in light of Friday's order.  He was asked whether votes can be "uncounted" and he said he did not know but also that they are not asking for votes to be uncounted but rather, for a universal applicaiton of the counting rules.  Ginsburg also said that the remaining ballots appear to be from Coleman-leaning precincts but it remains to be seen how many of these can be proven to have been wrongfully rejected and legally cast and thus added to the count.  See the latest from MinnPost.com here

Commentary

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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