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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.



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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