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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

NY-20 congressional race tied for now

The NY-20 race is still in the counting stage and the candidates are now tied according to the most recent report. The Albany Times Union reports that 3,000 of the outstanding absentee ballots were cast by Republicans, 2,200 by Democrats, and 940 by unaffiliated voters. This MSNBC piece from last week discusses candidate Tedisco’s residency situation. He was not permitted to vote for himself in the special election because he does not live in the district. He has said he will move to the district if elected. The piece lists several other elections that have been decided by one vote over the years. In a hearing held today over when to count absentee ballots, Murphy argued that the ballots should be counted 8 days after the election as spelled out in New York election law while the state Republican party argued that absentees and all paper ballots should be counted at the same time as military and overseas ballots which have until April 13 to arrive according to an earlier federal court order. See the Poughkeepsie Journal story here.  See the case page for In re Mondello here which was filed by the state Republican party before the polls closed on the day of the special election. The Supreme Court of New York in Dutchess County, on March 31, ordered the absentee ballots to be held uncounted pending its decision.


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

Wisconsin Supreme Court Upholds Voter ID Law

In two opinions issued today, the Wisconsin Supreme Court upheld the state's voter ID law against challenges that the law violated the Wisconsin Constitution. The court issued an opinion in League of Women Voters of Wisconsin v. Walker and also an opinion in Milwaukee Branch of the NAACP v. Walker.

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