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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

December, 2006

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

FL-13: The Fight Over Source Code

Dec. 23 - The Gainesville Sun reports here on dueling filings in the Florida 13th CD litigation, over access to the ES&S voting machines' source code. Prior filings in the case, including Jennings' discovery motion, may be found here on the Sarasota Herald-Tribune's site. Today's Herald-Tribune also has this story on incoming House Speaker Nancy Pelosi's refusal to rule out the possibility of seating Jennings, and this one on the possibility of the Florida legislature revisiting voting issues when it convenes in March.

Republican Concedes in Pennsylvania Race

Dec. 22 - Republican Shannon Royer conceded yesterday in Pennsylvania's General Assembly race for the 156th Legislative District. According to reports, the final recount gave the victory to Democrat Barbara McIlvane Smith, 11,616 votes to Royer's 11,588, and Democrats control of Pennylvania's House.

Recount Results Certified in Vermont

Dec. 22 - Yesterday, the results in Vermont's State Auditor race were certified by Washington Superior Court Judge Mary Miles Teachout, giving Democrat Thomas M. Salmon the victory by 102 votes. The AP is reporting that a number of votes intended to be cast for Salmon were improperly attributed to Liberty Union candidate Jerry Levy in the original count; the recount was able to correct this error, and overturn the original election results.

Pennsylvania Hand Recount Concluded

Dec. 21 - It is being reported this morning that the hand recount in Chester County has been concluded, and unofficial results indicate Democrat Barbara McIlvaine Smith is ahead by 27 votes. A hearing is scheduled this morning to hear challenges to 12 votes, while officials are still attempting to locate 12 missing ballots.

FL-13: Complaint Filed in Congress

Dec. 21 - The Orlando Sentinel reports that, as expected, Christine Jennings has filed a formal appeal in Congress to contest the result of Florida’s 13th District race. Meanwhile, back in state court, Dartmouth’s Michael Herron testified on behalf of ES&S, the company that manufactured the district’s voting machines and that opposes the Jennings camp’s efforts to examine the source code of those machines. According to Mr. Herron, the district’s undervote was likely caused by the ballot’s confusing design, not by flaws in the ES&S code (see also Tallahassee.com). The Herald Tribune reports that a decision on the source code issue is not expected until Friday at the earliest.

Appeal of Hand Recount Denied in Pennsylvania

Dec. 19 - A Pennsylvania Judge yesterday denied the Democrats' appeal to stop the hand recount of votes in the 156th Legislative District Race. As reported in the Philadelphia Inquirer, Democrats were concerned with the amount of time that a hand recount would take and the possibility that such a recount would not be completed by the time the State Legislature reconvenes; in response to this concern, a deadline has been set for 5:00 P.M. on December 26 to complete the hand recount.

Vermont State Auditor Unofficial Recount Results In

Dec. 19 - After having initially lost the election by 137 votes, unofficial recount results in the Vermont State Auditor race are now indicating that Democrat Thomas M. Salmon has defeated Incumbent Randy Brock by 104 votes. However, it is being reported that the earliest Washington County Superior Court Judge Mary Miles Teachout will be available to certify the recount will be Thursday.

Election Reform's Top Priority: Changing the Electoral College Calendar

Dec. 19 -

5-State Voting Digest

Dec. 15 - The EL@M team has produced this five-state overview of November voting issues in Ohio, Michigan, Minnesota, Wisconsin, and Illinois.

FL-13: State Withdraws Dismiss Motion

Dec. 15 - The Associated Press reports that state officials have withdrawn a motion to dismiss filed in the Florida election contest litigation. EL@M is obtaining documents.

OH-15: Hand Recount Yields No Change

Dec. 8 - The Columbus Dispatch reports that the 10% hand recount conducted in Ohio's 15th Congressional District left unchanged Pryce's (R) 1,055-vote lead over Kilroy (D). Officials intend to conduct the remainder of the recount electronically. A suit to obtain the identities of voters who cast provisional ballots in the district is ongoing.

FL-13 Update: 12/05/06

Dec. 5 - The next phase of the Florida state audit of the race for the 13th congressional district is to analyze the voting machine source codes. Meanwhile, one analysis has concluded that the disproportionate number of undervotes in this race is likely the result of a ballot design problem.

FL-13 Update - 12/4/06

Dec. 4 - The state audit of the voting machines continues but so far has provided little evidence of widespread machine failure, while Jennings amends her complaint to add ES&S as a defendant.

Commentary

Donald B. Tobin

FAQ on social welfare organizations

Donald B. Tobin

The Frank E. and Virginia H. Bazler Designated Professor in Business Law and a senior fellow at Election Law @ Moritz explains the nuances of social welfare organizations and federal regulations related to them.

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In the News

Donald B. Tobin

How Did The IRS Get The Job Of Vetting Political Activity?

Professor Donald Tobin was interviewed by the Boston NPR station on its show Here & Now about the Internal Revenue Service's investigation into groups classified as social welfare organizations (marked by the 501(c)(4) tax classification). The IRS was in search of groups that are not focusing primarly on the social welfare of the country, but have a strong political advocacy facet. Political advocacy groups might want to be classified as 501(c)(4) organizations because under that classification they do not have to disclose their donors.

"The key is if you are going to be engaged in candidate-type advocacy, and if you're going to intervene in elections and engage in election advocacy, we want disclosure of who your donors are," Tobin said.

“What groups are trying to do here is avoid having to disclose,” Tobin continued. “By earning the classification of social welfare, they’re avoiding the campaign disclosure that’s required for political organizations. So that’s really the underpinning of why we have this mess of the IRS having to get in and investigate and figure out whether an organization is political or not.”

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Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

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