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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Minnesota contest court vacates yesterday’s order striking testimony, will allow witness to finish testifying

The Minnesota contest court yesterday ordered the testimony of election judge Pamela Howell stricken from the record after it was revealed that Coleman’s attorneys had failed to share with Franken’s team a document that she had provided to them. The witness also viewed the document during a break in her cross examination. The document contained Ms. Howell’s typed notes about possible double-counting on election day. This morning, the contest court vacated its order finding that Coleman’s legal team, in failing to disclose the document, had acted inadvertently and without bad faith and that Franken would not be “substantially prejudiced” by the inclusion of this testimony.  The court noted that Coleman’s side has repeatedly failed to meet its disclosure duty but, apparently, the judges are reluctant to exclude testimony because of such failures.  See our case page 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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