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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

No news yet in the Minnesota Senate contest

The contest court has not issued any orders yet this week in the Coleman v. Franken contest.  Last Friday, the contest court heard closing arguments in the case. This week the parties submitted their findings of fact and conclusions of law documents. Franken is asking the court to consider 430 rejected absentee ballots. He introduced complete evidence for 252 of these. Coleman seeks to have 1,369 rejected absentees counted by the court. See the Star Tribune coverage here. Yesterday, several reports revealed that Coleman attorney Joe Friedberg thinks the trial outcome will likely favor Franken but that an appeals court will have to decide the constitutional issues that Coleman’s team presented in their case. See the MinnPost.com coverage here. The Star Tribune also has a nice timeline of recount and contest events here.


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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