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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Minnesota contest - possible next steps

Eric Black of MinnPost.com has a nice summary and analysis of what may happen with respect to issuance of a certificate of election in Minnesota's U.S. Senate race.  Until recently, Governor Tim Pawlenty has been saying that, after the Minnesota Supreme Court hears and decides an appeal, a federal court might stay issuance of a certificate if possible federal appeals are pending.  Yesterday, however, the governor implied that he himself might have some discretion in withholding the certificate if he thinks there are issues outstanding that would make a delay prudent.  Attorney Ben Ginsburg said today that Coleman's appeal of the contest court's decision will likely be filed next week.  See Jay Weiner's MinnPost.com piece here.

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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