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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Minnesota Senate contest - Franken to provisionally rest case tomorrow

Today in Coleman v. Franken, the contest court heard arguments from both sides about Franken’s motion to exclude evidence that Coleman has subpoenaed from county officials about 84 voters. Franken argued that Coleman has rested and that the new evidence is not appropriate for a rebuttal case. The court said it will rule on this motion soon. The court ordered today that 14 more of the Nauen voters’ ballots will be counted. In the order, the court said it could not grant or deny summary judgment as to the ballots of voters whose ballot envelopes provided only a partial address for themselves or their witnesses or ballots of those who moved within an apartment building or complex but did not re-register. The court has heard evidence about the law and practice for these issues but has not yet determined what exactly is required. The court says it will review these ballots individually at the appropriate time. (See p. 8 of the order.) Attorney Charles Nauen will be putting on the remainder of his case tomorrow followed by Coleman’s rebuttal.  Franken also may provisionally rest his case tomorrow.


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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