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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Minnesota Senate contest - 80 registration forms found out of 1500 secrecy envelopes

The court ordered ballot secrecy envelopes opened for approximately 1500 absentee ballots to see if they contained properly completed registration forms that would permit the ballots to be counted.  Only 80 of these actually contained valid registration forms.  See the Star Tribune coverage here.  Eric Black at MinnPost.com has analysis of the Supreme Court’s decision here.  He cites experts in his conclusion that the Minnesota Supreme Court decision not to grant Franken a certificate now may help him get the certificate at the conclusion of the state court proceedings.  Minnesota’s governor said prior to the court’s decision that an appeal to the U.S. Supreme Court may require a delay in issuing the certificate.  Minnesota Public Radio has a piece on who pays the cost of the contest once it’s over.  One expert quoted says attorneys’ fees are not generally paid by the losing party in a contest but the contest court mentioned in one of its orders (here on p. 7) that attorneys’ fees might be included.


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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