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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

WY-1: Unofficial Counts in but Results Not Yet Certified

In Wyoming, final unofficial counts have been released, with Republican Barbara Cubin leading Democrat Gary Trauner by 970 votes. According to the Wyoming Secretary of State, this difference does not trigger an automatic recount. Gary Trauner has stated that he would not seek a recount; however, he was waiting to concede the election until after the results had been certified and provisional ballots are counted. If, after the final votes are counted, the margin of victory is less than 1% of votes, a state funded recount would be automatic; if the margin of victory is greater than 1%, the candidate must pay for any recount. For the state funded recount to occur, Trauner would need to narrow Cubin’s current lead by at least 38 votes after all votes are counted. A recount may be requested any time between now and November 17. Trauner himself has stated that he does not believe there was any fraud involved in Tuesday’s election. However, there apparently were some glitches in at least three counties which the state is investigating. Minor problems had been reported regarding the voting equipment and absentee ballots. The status of this investigation and its impact, if any, on the election is yet to be determined.

Commentary

Edward B. Foley

Ohio Early Voting Case: A Potential Precedent-Setter

Edward B. Foley

Today’s federal district court ruling in the Ohio early voting lawsuit will set a major precedent of nationwide significance if its novel legal theory is sustained on appeal.

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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

Seventh Circuit Order Permits Wisconsin's Voter ID Law to Take Effect

Today, the U.S. Court of Appeals for the Seventh Circuit granted a stay in two cases, allowing Wisconsin's voter ID law to become effective for the upcoming November elections. The cases are Frank v. Walker and LULAC v. Deininger.

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