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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.

Commentary

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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