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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.


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

Tokaji and Strause release The New Soft Money: Outside Spending in Congressional Elections

Dan Tokaji and Renata Strause will release their report on independent spending, entitled The New Soft Money: Outside Spending in Congressional Elections on Wednesday, June 18.  The report includes interviews with former Members of Congress, such as Senators George Allen, Kent Conrad, and Ben Nelson, and Representatives Mark Critz, Tim Holden, Steve LaTourette, and Joe Walsh, as well as recent congressional candidates, campaign staff, political operatives, legislative staff, and representatives of outside groups. See here for details.

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