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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Connecticut Recount Procedures

The Connecticut gubernatorial race between Thomas C. Foley and Dan P. Malloy has been called for Malloy, but the race still carries the potential to trigger litigation or a recount, or both (especially as Foley, the Republican, has told the New York Times that he has not ruled out any option). Problems in the state’s largest city, Bridgeport, caused the polls to be kept open for an additional two hours last evening, with a resulting delay in counting the votes. Additionally, some of the ballots may be challenged because polling places were forced to photocopy ballots when they ran out of ballots.

A recount is triggered in Connecticut when the margin is less than one-half of one percent of the total votes but not more than 2000 votes, or is less than 20 votes, unless the defeated candidate submits a written waiver. CGSA §9-311a. Such a “close vote” recount shall take place “forthwith” after the election or the tabulation by the Secretary of State, and according to the Secretary of State’s election calendar, the last day for such recounts is November 9.

Commentary

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

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In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you are going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

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Info & Analysis

Ohio Secretary of State Releases Report on Voter Fraud

Ohio Secretary of State Jon Husted released a report today on voter fraud in Ohio during the 2012 general election. In a press release, Husted stated that while voter fraud does exist in Ohio, "it is not an epidemic." According to the report, 135 voter fraud cases have been referred to law enforcement for possible prosecution. Twenty of these cases involved voters attempting to vote in Ohio and another state. The report shows that 115 cases were referred to local Ohio county prosecutors. According to Husted as quoted in the Columbus Dispatch, most of these cases involved voters attempting to vote twice within the state, and in a "majority" of instances, only one vote was counted.

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