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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Contest court grants Franken's motion in limine

The Coleman v. Franken contest court today granted Franken’s motion in limine to exclude evidence sought by the Coleman team from local officials as to the circumstances of certain absentee voters’ registrations and ballots. The Coleman team argued that this kind of record must be given to them under the Minnesota Government Data Practices Act and should be admissible as a government record under Minnesota's Rules of Evidence. The court concluded, “While the MGDPA requires a government official to provide access to existing public data, nothing in the language of the Act compels an official to create data, to undertake an investigation, or to summarize the official’s conclusions or opinions in writing for use in litigation.”  The court also found that replies to Coleman's request would be inadmissible hearsay. 

Commentary

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. 

Read full post here.

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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

Wisconsin Supreme Court Upholds Voter ID Law

In two opinions issued today, the Wisconsin Supreme Court upheld the state's voter ID law against challenges that the law violated the Wisconsin Constitution. The court issued an opinion in League of Women Voters of Wisconsin v. Walker and also an opinion in Milwaukee Branch of the NAACP v. Walker.

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