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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.


Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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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

Wisconsin Supreme Court Upholds Voter ID Law

In two opinions issued today, the Wisconsin Supreme Court upheld the state's voter ID law against challenges that the law violated the Wisconsin Constitution. The court issued an opinion in League of Women Voters of Wisconsin v. Walker and also an opinion in Milwaukee Branch of the NAACP v. Walker.

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