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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Minnesota contest - Franken amends answer and counterclaims, state elections director testifies

Today in Coleman v. Franken, Minnesota Elections Director Gary Poser was on the stand again. The Pioneer Press reports that Franken’s attorney David Lillehaug went through many of the ballots that Coleman claimed were wrongly rejected for registration defects with Poser who testified that the registrations were indeed defective and the ballots correctly rejected. There is still confusion on this point because Coleman contends that, based on what they heard today from Poser, they believe some voters cast an absentee ballot that was initially rejected, after which they may have voted in person on election day. They contend that these voters’ rejected absentee ballots were then counted during the recount process. This situation should be clarified in the next day or two. Franken filed an amended answer and counterclaims today – see it here. Another batch of Franken voters have filed a lawsuit to have their votes counted – see the petition here.


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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