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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.


Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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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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