OSU Navigation Bar

Election Law @ Moritz Home Page

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.

Commentary

Dale A. Oesterle

Silence of the Lambs

Dale A. Oesterle

With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.

The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.

more commentary...

In the News

Daniel P. Tokaji

EXCLUSIVE: Voter fraud, or just errors?

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”

more EL@M in the news...

Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

more info & analysis...