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Election Law @ Moritz

Election Law @ Moritz


Litigation

Franken v. Pawlenty

Case Information

Date Filed / Ended: January 13, 2009 / March 6, 2009
State: Minnesota
Issues: MN Senate race 2008, Election Contest, Recount Resources
Courts that Heard this Case: Minnesota Supreme Court (Case A09-0064)

Issue:

Whether Senate candidate Al Franken is entitled to receive an election certificate signed by the governor and secretary of state while an election contest brought by his opponent, Norm Coleman, is ongoing.

Status:

Petition filed by Franken on 1/13.  Norm Coleman filed motion to intervene 1/14. Brief of Al Franken filed 1/20. Respondents' Brief filed 1/26. Intervenor's Brief filed 1/26. Al Franken's Reply Brief filed 1/28. Opinion entered 3/6.

Minnesota Supreme Court Documents

MN Courts Document Page

Commentary

Daniel P. Tokaji

Is Ted Cruz Eligible to Be President? Letís Find Out

Daniel P. Tokaji

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

U.S. District Judge Rules for Plaintiffs in Ohio Early Voting Case

Today, U.S. District Judge Michael Watson issued Findings of Fact and Conclusions of Law in an Ohio early voting case, determining that Ohio\'s reduction of in-person early voting days violated Equal Protection and the Voting Rights Act. Judge Watson dismissed additional claims brought by the plaintiffs. A bench trial was held in late 2015. The case is Ohio Organizing Collaborative v. Husted.

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