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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

NY-20 congressional race: absentee ballots to be counted tomorrow

The Supreme Court of New York in Dutchess County has ordered the counting of absentee ballots in the NY-20 congressional race to begin Wednesday, April 8. The state Republican Party had argued that absentee ballots should be counted with military and overseas ballots which have until next Monday to arrive under a consent decree entered with the federal government. The court found that the order does not apply to regular absentee ballots and that the ballots should be counted immediately rather than remaining in storage until Monday. See our case page here.  The New York State Board of Elections has Tedisco leading by 97 votes but a recent report from someone who has spoken to county officials has Murphy leading by 83 votes.  See the Politico coverage hereUPDATE (4/8): The absentee ballot count is under way


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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