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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.


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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