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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

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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