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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Minnesota election contest - Franken challenges found votes, Coleman may be done by end of week

Yesterday’s order by the contest court in Coleman v. Franken, while granting Franken summary judgment in part, denied summary judgment regarding the missing envelope of 133 ballots from a Minneapolis precinct. The court found that issues of material fact still exist with respect to those ballots. Franken seeks to exclude 61 ballots from a Coleman-leaning area of Becker County that he alleges were not handled according to proper chain of custody procedures. The ballots were counted for the first time during the recount after being found in the county auditor’s office in an unsealed box. They yielded a 19-vote advantage for Coleman. See the report here. Coleman attorney Ben Ginsberg said yesterday that they may be done presenting their case at the end of the week. See the latest from the Star Tribune here. Franken attorney Marc Elias said they would move to dismiss once Coleman is finished and will be ready to present their case if the court decides to continue.


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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