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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

What will happen to the 89 ballots whose envelopes contained valid registration forms?

Officials found that 89 secrecy envelopes for ballots that were initially rejected for registration reasons actually contained valid registration forms.  Deficient forms were found in 72 of the envelopes and no form at all was found in the remainder of the 1600 envelopes that were checked.  The 89 ballots will not automatically be counted because the court has not yet ruled on their validity.  The Feb. 26 order requiring the envelopes to be opened and checked for registrations said that the ballots should be sorted into the three categories described above and securely stored to facilitate transport to a central location for review, “if the Court should so order.”  The 89 ballots came from 20 counties, 14 of which leaned toward Coleman and 6 of which leaned Franken.  See the breakdown in this Star Tribune articleIn other news, attorney Charles Nauen withdrew the petition of several Franken voters in Shad v. Ritchie.  The notice of withdrawal is not yet available online but the court accepted it and dismissed the petition with prejudice.


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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