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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Minnesota contest court hears arguments over Franken's motion to dismiss

The contest court today heard arguments from Coleman and Franken over Coleman's motion to invalidate Rule 9 from the recount and Franken's motion to dismiss.  Fanken's attorney Marc Elias recited many of the details from the Franken motion in alleging that Coleman has not met its burden of submitting the evidence required for the court to find that rejected ballots were legally cast.  Coleman attorney James Langdon replied more generally by saying that he believed the Coleman team had shown by a preponderance of the evidence that Coleman's claims are valid.  Langdon mentioned that they await the court's decision on Coleman's motion to apply the Feb. 13 order to all absentee ballots.  The judges did not ask many questions but Judge Reilly did say that she thought the ballots had been looked at three times now suggesting that she might have reservations about accepting Langdon's argument that the counting standard was unequally applied such that an equal protection violation exists.  Judge Marben asked Langdon if he accepted the numbers put forth in Franken's motion, which says the remaining ballots at issue number only 1400+ and that, of those, Coleman has put forth the necessary pieces of evidence for only a very small number of ballots to be considered by the court for inclusion.  Langdon did not accept the Franken numbers and suggested there are about 1725 ballots still in the "universe" for consideration by this court. 

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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