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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Washington State Recount Procedures

The Washington state Senate race between incumbent Democrat Patty Murray and Republican Dino Rossi continues to be tight, although Murray's lead has been increasing. As of today, Murray is leading Rossi by 27,464 votes with 71% of precincts reporting. According to the Secretary of State's website, almost 600,000 votes have yet to be counted, with King County, a democratic stronghold, having a couple hundred thousand votes uncounted.

Under Washington law, an automatic recount can be triggered when the margin of victory is under 2,000 votes and also less than one-half of one percent of the total number of votes cast for both candidates. RCW 29A.64.021. Looking at the current numbers, it is unlikely that an automatic recount will be triggered. However, if there is no automatic recount, a candidate can request a recount within 3 business days after certification of the results. RCW 29A.64.021.


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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