OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Colorado SoS Race: Gap Exceeds Uncounted Ballots

The AP now reports that less than 13,000 uncounted ballots remain in Democratic-leaning counties, thereby making it mathematically impossible for Ken Gordon to overtake Mike Coffman’s 21,163-vote lead as of Monday afternoon. In fact, AP also quotes Gordon as saying, “If those numbers are accurate, then I wish Mike Coffman the best in his new job.” But this statement was not yet a formal concession of defeat. From this statement as well as previous ones, however, it does appear that Gordon would be unwilling to pursue litigation in an effort to overturn the result of the election if, as is now virtually certain, the final count of the ballot shows him coming up short. One possible basis for such litigation (at least theoretically), were Gordon of a different mindset, would be that an unknown number of voters were prevented from casting ballots last Tuesday as a result of polling place problems. As another report today recounted, these problems were not confined to Denver, but extended elsewhere: Davidson County saw polling place lines of over 5 and ½ hours in length. Even so, it would appear difficult for any such litigation raising this kind of claim to document enough disenfranchised voters statewide to attack a 20,000, or even 10,000, vote victory among ballots actually cast. Gordon, assuming he loses this Secretary of State election, still can go back to his current job as majority leader in the state’s Senate. The polling place problems in Colorado, however, still have the potential of affecting some other races in the state, including a Denver tax levy for which “yes” votes exceed “no” votes by about 1500.


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.

more commentary...

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.

more EL@M in the news...

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.

more info & analysis...