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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Minnesota contest court denies Coleman's request for reconsideration of its order

The contest court denied Coleman’s request to make a motion for the court to reconsider its order from last Friday on the 19 categories. See yesterday's 1-page order here.  In Friday's order, the court reasoned that strict compliance with absentee ballot laws is required by Minnesota statute and precedent. Coleman argued in his request that the order now defines illegally cast ballots so broadly that some ballots already accepted by the court now fall under the label of illegally cast. Coleman’s team says they do not want to “uncount” ballots but rather, they want a universal standard to apply across the state. They have repeatedly given the example of Carver County where officials checked to make sure the witness was a registered voter and rejected ballots where this was not the case whereas, in Scott County and the city of Minneapolis, this check was not done at all or not done to the same extent as in Carver County.  Franken's attorneys have said in press conferences that Coleman may be preparing for an appeal.  One Coleman attorney also alluded to this matter potentially reaching the Minnesota Supreme Court if the contest court did not resolve what Coleman's side sees as an equal protection violation. 


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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