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Last Updated: September 10, 2010 at 1:40 PM

Franken for Senate v. Ramsey County

Case Information

Date Filed / Ended: November 13, 2008 / November 19, 2008
State: Minnesota
Issues: MN Senate race 2008, Recount Procedures, Absentee Ballots
Courts that Heard this Case: District Court, Second Judicial District, Ramsey County (Case 62-CV-08-11578)

Trial Court Documents

Summons & Complaint (filed 11/13/08)
Notice of Motion and Motion for Temporary Restraining Order and Temporary Injunction (filed 11/13/08)
Plaintiff's Memorandum in Support of Motion for Temporary Restraining Order and Temporary Injunction (filed 11/13/08)
Memorandum (filed 11/14/08)
Information Statement [R] (filed 11/14/08
Memorandum (filed 11/17/08)
Hearing on TRO scheduled for 11/19/08 at 9:30am
Order Granting Motion (filed 11/19/08)
Transcript (filed 11/26/08)

Commentary

A Poster Child for Dysfunctional Districting

Daniel P. Tokaji

Fifty years ago next month, the U.S. Supreme Court decided Baker v. Carr (1962), inaugurating the “reapportionment revolution” which led to the redrawing of legislative districts across the country. This milestone provides the opportunity to reflect not only on what has been accomplished, but also on what still needs to be done.

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In the News

This week: Bama voting rights case in DC courtroom on Thursday

Professor Daniel Tokaji, a senior fellow at Election Law @ Moritz, was quoted by The Birmingham News in an article about a local county's crusade to end 47 years of federal government oversight of its election returns.

Shelby County is hoping a federal appeals court will agree that the county no longer needs the U.S. Justice Department to approve changes in the ways elections are conducted because the area has progressed from its discriminatory past. It is unclear whether the case would be the vehicle with which justices of the U.S. Supreme Court would review the constitutionality of Section 5.

"I am reasonably confident they're going to take up the question of Section 5 constitutionality within the next few years," Tokaji said. "It could be Shelby County, it could be South Carolina, or some other."

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Info & Analysis

Federal Court Finds Equal Protection Violation

In the Hunter case, involving provisional ballots in a local Ohio election from 2010, the federal district court has ordered that ballots must be counted if they are otherwise eligible if they were miscast because of poll worker error.

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Major Pending Cases

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Election Law @ Moritz | The Ohio State University Michael E. Moritz College of Law | electionlaw@osu.edu

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