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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

WA-8: Ballot Count Continues

Having counted approximately 193,000 votes in Washington’s 8th District, it is being reported that, as of Saturday, November 11, Republican Dave Reichert is leading Democratic candidate Darcy Burner by 3,514 votes. The “historically slow-counting suburban Seattle district” continues to count ballots, primarily consisting of absentee ballots. Contributing to the delayed count is the fact that two polling places in the area were forced to relocate after being flooded. “An array of problems” with the delivery of absentee ballots, about 100 bags containing up to 20,000 absentee ballots, is also being reported, delaying the election results. Among these reported problems are broken zippers and unclosed seals on the bags used to deliver these absentee ballots. King County’s interim election official stated that he will recommend the ballots be accepted and opened for verification and processing as he is confident that poll workers had maintained proper control of the questioned bags throughout the process, preventing the addition of any late votes. Counting of votes is to continue today, November 13, 2006. Until ballots are completely counted, expected to be later this week, Burner’s campaign is refraining from commenting on the current lead. If, when the ballot counting is concluded, less than 2,000 votes and half a percentage point separate the candidates, a recount will be performed automatically; otherwise, a candidate would have to pay for or pursue a recount through the court.

Commentary

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

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In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

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Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

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