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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Washington Supreme Court race still up in the air

After leading in vote counting for the past week, incumbent Washington Supreme Court Justice Richard Sanders now trails challenger Charlie Wiggins by 3,601 votes. With approximately 175,000 more votes to be counted in the next few days, the outcome of this race remains uncertain. Sanders is seeking his fourth term after a contentious campaign that saw him take the lead on election night, dwindling down to approximately 4,000 votes as of Monday. With more ballots counted today, Sanders now trails Wiggins.

In Washington, the recount process is fairly simple. If the margin is less than 2,000 votes and the candidates are within one half of one percent of the votes cast for both candidates, then state law mandates an automatic recount. RCS 29A.64.021. A candidate can also request a recount within 3 business days of certification of the results. RCW 29A.64.011. The candidate must pay twenty-five cents per every ballot requested to be recounted in the jurisdiction if by hand, or fifteen cents if by machine. RCW 29A.64.030. More information can be found here and here.


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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