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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

California absentee ballot story a cause for worry? Maybe, maybe not

News comes from San Jose that less than 40% of absentee ballots requested in California have been returned, as of early Monday afternoon. This is just one example of why Charles Stewart has previously written that California is one of the states to watch today, and why it’s going to take a long time to get a final count of the vote. One thing to keep in mind, which is not mentioned in the Mercury News report, is that California has “permanent absentee voting,” which is associated with a low return rate of absentee ballots to begin with. According to data released by the EAC, for instance, in 2008 19% of mail ballots in California that were sent out were not returned by the voters. So, it’s not quite clear what to make of a non-return rate of 40% in a midterm election.


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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