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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). 


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

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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