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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

NY-20 congressional race - vote-counting continues as do court battles

Votes are still being counted in the NY-20 congressional race that took place roughly two weeks ago.  Yesterday was the deadline for arrival of military and overseas ballots.  Candidate Tedisco wants this deadline to be extended and Candidate Murphy has said he would be amenable to extending it as well.  However, the judge who was to preside over a hearing on the matter yesterday fell ill and was hospitalized.  He is expected to hear the matter as early as tomorrow.  See local coverage here.  The judge will likely also hear arguments over whether challenged ballots may be counted immediately when county elections commissioners from both parties agree that they should be opened and counted.  Tedisco's challengers in Columbia County have so far insisted that the challenged ballots be held aside until a judge can rule on them.  See the Times Union coverage here.  Democratic candidate Scott Murphy is currently ahead by 56 votes according to the New York State Board of Elections website.

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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