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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. 


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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