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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

3-Judge Court Issues Final Ruling for Franken

See the order here.  The final vote total has Franken ahead by 312 votes.  As to the 132 missing ballots, the court found that there was no evidence of fraud and no evidence that the election night numbers from the voting machines were unreliable.  As to the allegations of double-counting, the court concluded that Coleman is barred from asserting that recount Rule 9 (providing for the counting of original rather than duplicate ballots during the recount) violates Minnesota law by the doctrines of laches and judicial estoppel.  Finally, the court concluded that Coleman's claim that the counting process in this election violated equal protection of the laws as guaranteed by the U.S and Minnestoa constitutions fails on the merits.  Specifically, the court mentioned that Minnesota law does not provide for the remedy of opening ballots that do not meet the strict statutory requirements simply because others like them were opened and counted.  See the Star Tribune coverage here.  The Pioneer Press also has an excellent piece here and a 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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