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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.


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. 

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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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