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Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

November, 2006

Below are postings from November, 2006. (See Archives | Recent Headlines)

FL-13: Questions Remain Unanswered

Nov. 30 - Update based on most recent news reports collected here.

FL-13, 11/28/06 Update – State Audit Begins

Nov. 28 - Today, Florida is to begin conducting their audit of the House of Representatives race for the 13th District by examining the state's voting equipment. Tests are expected to conclude today by 7:30 P.M., with the tests being repeated on Friday on five machines used during the 2006 election.

FL-13, 11/27/06 Update

Nov. 27 - The issue of a potential undervote continues to be a question in Florida's 13th Congressional District as there are now two lawsuits contesting the certification of Vern Buchanan as the victor in the House of Representatives race. An audit of the State's voting equipment is scheduled to commence tomorrow.

FL-13: Political Groups File Suit

Nov. 22 - CQ Politics reports the ACLU and other groups yesterday filed suit on behalf of Sarasota County voters who want a revote. EL@M is obtaining documents and will offer more details as they become available.

Close Scrutiny of Ballots in Pennsylvania

Nov. 22 - Control of state's House may turn on disputed ballots.

FL-13, 11/21/06 Update

Nov. 21 - After the Jennings campaign filed a complaint yesterday contesting the official results in the race for Florida's 13th congressional district, the circuit court today denied the campaign's request for expedited consideration. This analysis summarizes both yesterday's complaint and today's ruling.

FL-13: Election Contest Filed

Nov. 20 - The Miami Herald reports Christine Jennings (D) filed an election contest lawsuit in state court requesting the court install her into office or order a new election. The suit also demands an inspection of the Sarasota County voting machines that recorded over 18,000 non-votes in Jennings' 13th District race. EL@M is obtaining documents. UPDATE: The complaint is here and the case page here.

Sarasota County Focal Point of Electronic Voting Critique

Nov. 20 - With the recount concluded and official results now certified in the race for Florida's 13th congressional district, questions linger about the undervoting in Sarasota County.

NC-8: Recount Begins

Nov. 18 - Larry Kissell (D) filed for a recount after certified results showed his opponent, Robin Hayes (R), with a lead of only 339 votes. CNN.com reports the recount is expected to end by Wednesday.

NM-1: Results "Final"

Nov. 18 - The Albuquerque Tribune reports Wilson (R) leads Madrid (D) by 879 votes after a final tally. A Madrid spokesperson said Madrid would wait until the results are certified on Monday to decide whether to seek a recount. Election officials earlier requested and obtained an extension of the legal deadline for counting the votes, but that extension appears in the end to have been unnecessary.

FL-13: Update 11/17/06

Nov. 17 - As the machine recount of this race comes to a close today, legal maneuvering continues to delay the state audit of the voting in Sarasota County for Florida's 13th congressional district.

Concession in CT-2

Nov. 16 - The New York Times reports Rob Simmons (R) conceded Connecticut's 2nd District Congressional race, leaving Joe Courtney (D) the winner.

Concession in GA-12

Nov. 16 - CQ Politics reports Max Burns (R) has conceded Georgia's 12th District Congressional seat to opponent, John Barrow (D).

New Suit Attacks Ohio Voting Machines

Nov. 15 - Yesterday, five individual voters filed suit against Ohio elections officials claiming that Ohio's DRE voting machines "do not satisfy state law requirements for reliability, security, accuracy, verifiability, and accessibility..." (case page here). EL@M team will offer further information when available.

CT-2: Results Final, Concession Expected

Nov. 15 - This morning, Connecticut’s Secretary of State confirmed Joe Courtney’s (D) defeat of Bob Simmons (R) in the state’s close 2nd District race. The final tally showed a difference of ninety votes. Simmons is expected to concede the race later today.

Colorado SoS Race Over

Nov. 15 - The lost votes, because of long lines, estimated by the Rocky Mountain News at 18,000, may still affect other races.

WY-1: Race Apparently Over

Nov. 15 - The San Jose Mercury News reports the State Canvassing Board has certified Barbara Cubin (R) as the winner. Her opponent, Gary Trauner (D), previously stated he would accept the Board's final count unless there were problems that might call the results into question.

New Mexico Voter Misdirection Suit

Nov. 15 - New Mexico Democrats have sued state Republicans for allegedly calling Democratic voters and directing them to incorrect polling places. EL@M has the complaint here.

OH-15: The Hunt for Provisionals

Nov. 14 - Will there be enough to make a difference?

NC-8: Headed for Recount?

Nov. 14 - An analysis of the recount situation in North Carolina's 8th Congressional District.

Colorado SoS Race: Gap Exceeds Uncounted Ballots

Nov. 14 - A concession likely, with litigation over the race avoided, despite new reports of polling place problems around the state.

FL-13: Court issues injunction to preserve voting equipment

Nov. 14 - The injunction likely will delay by one day the state's audit of the election in Sarasota County.

Ohio Provisional Ballots: New Consent Order

Nov. 14 - The procedures in this federal-court order apply to Ohio's two undecided congressional races (2d & 15th districts), as well as the undecided statewide Auditor election.

FL-13: Recount Begins

Nov. 13 - With Republican Vern Buchanan holding a 373-vote lead over Democrat Christine Jennings, a two-day "machine recount" in Florida's 13th congressional district is now underway.

Colorado SoS Election: Update

Nov. 13 - Almost 7000 uncounted ballots remaining in Denver, as well as an unknown number elsewhere in the state.

WA-8: Ballot Count Continues

Nov. 13 - Republican Dave Reichert currently leads the race in Washington's 8th District; however, votes are still being tabulated and final counting may not be completed until later this week.

WY-1: Unofficial Counts in but Results Not Yet Certified

Nov. 13 - Unofficial counts have been released in Wyoming and Republican Barbara Cubin leads Democrat Gary Trauner by 970 votes. Trauner has stated he will take no action until the results have been certified.

NM-1: Counting Should End this Week

Nov. 13 - New Mexico officials should finish counting ballots this week, but election controversies may delay the official result. UPDATE: The candidates have agreed upon a set of ground rules for counting provisional ballots that can be found here.

CT-2: The Gap Narrows ... Then Expands Again

Nov. 13 - The margin in Connecticut's 2nd District recount narrowed to a mere 63 votes, then grew to 109 votes, over the course of the day.

Colorado Secretary of State Race: Latest Count

Nov. 12 - The election for the office responsible for the state's elections remains undecided because of the problems with this year's election.

Potential Recount in GA-12

Nov. 12 - A short analysis of the potential for recount in Georgia's 12th District Congressional race.

Ohio Provisional Ballots Back in Court

Nov. 11 - Court-ordered procedures could affect OH-15 (Pryce-Kilroy), as well as other unsettled races. Hearing scheduled Monday, 2pm.

OH-15: New Numbers & Developments

Nov. 10 - Details include more federal-court proceedings over the rules for counting provisional ballots.

FL-13: Update 11/10/06

Nov. 10 - Other Florida counties using the same touchscreen voting machines as Sarasota County also appear to have unusually high undervote rates in some races, perhaps because of the position of the races on the touchscreen.

CT-2: Few Provisional Ballots to Affect Recount

Nov. 10 - Only 57 uncounted provisional ballots, with a pre-recount margin of victory of 167 votes.

Uncounted Provisional and Absentee Ballots in Ohio

Nov. 9 - Uncounted ballots may affect some Ohio races. UPDATE (8:36pm): Gongwer (subscription only) reports that 9137 absentee ballots from Franklin County remain uncounted in the U.S. House 15 (Pryce/Kilroy) race and that there are 10,347 provisional ballots from precincts in this congressional district, although 34 of these precincts overlap with other congressional districts, leaving uncertain the exact number of provisional ballots in House 15. The Board of Election's website contains the number of provisional and uncounted absentee ballots for each precinct.

US Senate Races Apparently Determined

Nov. 9 - The prospect of recounts or contests in the Virginia and Montana Senate races appears to be over.

FL-13: Undervotes & Potential Recount

Nov. 9 - A preliminary look at the reported allegations of machine malfunction and the relevant recount statutes in this Florida congressional election.

Post-Election Disputes in Virginia’s US Senate Race

Nov. 8 - As of this posting, the race for US Senator from Virginia is very close, suggesting that the outcome may remain unsettled for some additional period, perhaps not only until a recount is completed, but beyond. Indeed, in this case the Senate itself may determine the ultimate outcome, sometime next year. Here’s why.

Recount in Virginia at Least 3 Weeks Away

Nov. 8 - Any recount in Virginia must await the official certification of the results. Here is how that process will play out.

Montana: How to Get from Here to Certification

Nov. 8 - Here is an analysis of the procedure leading up to certification of a winner and potential recount.

Post-election Dispute in Pryce/Kilroy Race?

Nov. 8 - A short analysis of the possibility of a recount or election contest in the close race for Ohio's 15th Congressional District seat.

Sporadic, Not Systemic: Ohio Relatively Problem-Free

Nov. 8 - Tuesday’s voting in Ohio went more smoothly than anticipated, certainly more so than some past experience would have portended. The biggest news was that those problems that did crop up were not widespread or systemic, but rather were localized and sporadic.

Ohio's House District 2: Results May be Delayed

Nov. 8 - Wulsin has stated she will not concede until all provisional and absentee ballots have been counted. However, this may take weeks.

Ambiguity in Ohio's VVPAT Recount Process?

Nov. 7 - In the event of a recount involving counties using touch-screen machines, a directive from the Ohio Secretary of State's office regarding the process to be followed in counting the machines' paper audit trails appears to conflict with Ohio statutory law.

Response to TRO motion in KLBNA v. Blackwell

Nov. 6 - State says it is impossible to supply back-up paper ballots at all the state's precincts and contrary to state law to order a partial recount.

Precinct Results Case: Court Finds for Defendant

Nov. 6 - The Supreme Court of Ohio has denied Ohio Citizen Action a writ of mandamus ordering Ohio precincts to post election results immediately upon obtaining a count of them.


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.

more commentary...

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.

more EL@M in the news...

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.

more info & analysis...