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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Contest court grants Franken's motion to exclude Coleman's witness

The court this evening granted Franken's motion in limine to exclude the testimony of King Banaian whom Coleman was going to present as a statistical expert to discuss the variation in absentee ballot rejection rates among the counties.  The order is brief and simply says that Professor Banaian's testimony would not assist the court in determining the issues properly before it.  The court explicitly states that the only question it must decide is who received the most legally cast votes.  The order also says "it is irrelevant whether there were irregularities between the counties in applying Minnesota Statutes 203B.12, subd. 2. prior to this election contest."  The Coleman side has been saying that ballots the court now defines as illegally cast were counted on election day but, they have also said that the court's orders may be treating similarly situated ballots differently within this election contest (e.g. the Nauen ballots and the 933 ballots). 

Commentary

Edward B. Foley

Ohio Early Voting Case: A Potential Precedent-Setter

Edward B. Foley

Today’s federal district court ruling in the Ohio early voting lawsuit will set a major precedent of nationwide significance if its novel legal theory is sustained on appeal.

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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

Seventh Circuit Order Permits Wisconsin's Voter ID Law to Take Effect

Today, the U.S. Court of Appeals for the Seventh Circuit granted a stay in two cases, allowing Wisconsin's voter ID law to become effective for the upcoming November elections. The cases are Frank v. Walker and LULAC v. Deininger.

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