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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Confusion over ballot envelopes from St. Louis County

Yesterday afternoon, Coleman attorney Ben Ginsberg gave a press conference in front a display of St. Louis County absentee ballot envelopes that he believed were defective resulting in illegally cast ballots. In total, he alleged that, according to the court’s definition of legally cast ballots, around 300 ballots from the county may have been illegally cast and included in the count. However, new information suggests that these ballots may actually have been cast in compliance with the court's view of what is legal but that they were separated from the actual envelopes in which they were returned and placed in regular absentee ballot envelopes (blank ones) for storage. St. Louis County officials claim not to have known the ballot records were being used in litigation. It is not clear why the ballots were ever transferred to blank absentee envelopes in the first place or if the original mailing envelopes were retained. See the Bemidji Pioneer story here and 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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