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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Minnesota Senate contest update

Franken’s legal team continued presenting its case today and, additionally, filed a motion to dismiss the Coleman v. Franken suit altogether arguing that Coleman has not proved his claims. The contest court has not yet ruled on Coleman’s motion to apply the Feb. 13 order to all 280,000+ absentee ballots. After last Friday’s hearing on the motion, Coleman attorney, James Langdon, submitted this letter to the court citing precedent from outside Minnesota for using proportionate deduction to remove invalid ballots from the count. The letter also cites out-of-state precedent for setting aside an election where a court determines it is impossible to know who received the most votes in an election. EL@M will be posting additional analysis in the coming days. See Minnpost.com’s coverage here and here and The Star Tribune’s coverage here. The court is holding a motions hearings tomorrow at 1:30 p.m. CT.


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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