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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Recount Procedures in Oregon

The Oregon gubernatorial race between Chris Dudley and John Kitzhaber continues to be close and some reports indicate that there are more than 150, 000 ballots left to be counted. Both Multnomah and Lane counties have ballots that are as of yet uncounted. Dudley is little more than a percentage point ahead of Kitzhaber, at 47.94% to 49.14% (a margin of 15,000 votes). Of note is that in Multnomah County, more than 90,000 voters turned in ballots on the last day to do so, slowing counting.

Oregon law requires that a recount occur at the county level when the difference between the number of votes cast between the winning candidate and the closest opponent is not more than 1/5 of one percent of the total votes cast for both candidates. Or. Rev. Stat. § 258.280. If an automatic recount is not triggered in a county, a candidate can request a recount no later than 5 days after the Secretary of State declares the result of the election. Or. Rev. Stat. § 258.161. County clerks have to declare their official vote tallies to the Secretary of State by the 20th day after the election. Or. Rev. Stat. § 254.545.

 

Commentary

Dale A. Oesterle

Silence of the Lambs

Dale A. Oesterle

With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.

The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.

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In the News

Daniel P. Tokaji

EXCLUSIVE: Voter fraud, or just errors?

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”

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Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

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