Election Law @ Moritz

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Edward B. Foley
Free & Fair is a collection of writings by Edward B. Foley, one of the nation's preeminent experts on election law.

State-by-State Coverage (Minnesota)

Recent News & Analysis

Below are the most recent Minnesota News & Analysis posts. See All Minnesota News & Analysis

6/30/09
MN Supreme Court Rules in Coleman v. Franken

The Minnesota Supreme Court has issued an opinion (6/30) affirming the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled to receive the certificate of election as U.S. Senator from the state of Minnesota [See EL@M case page for additional information].

5/29/09
New Lawsuit in Minnesota

Minnesota Secretary of State Mark Ritchie is being sued over the voter registration records in the state.  The petitioners in the suit, the group Minnesota Majority, several Republican legislators and others are alleging voting discrepancies in the 2008 election.  The petition, filed with the Minnesota Supreme Court on Thursday (5/28), claims that updates to Minnesota's registration system are insufficient and that the 2008 vote totals exceed voters in the system by 406,000.  [See EL@M case page for additional information].

5/15/09
Coleman Files Reply Brief

The Appellants have now filed the Reply Brief (5/15) with the Minnesota Supreme Court.

5/12/09
Franken Files Brief in Recount Case

Respondent Al Franken filed his brief yesterday (5/11) with the Minnesota Supreme Court [See EL@M case page for additional documents].

4/30/09
Coleman Files Brief in Minnesota Recount Case

The first brief has been filed today (4/30) by the appellants with the Minnesota Supreme Court.

Recent Commentary

Below are the most recent Minnesota Commentaries. See All Minnesota Commentaries

7/1/09
The Rhetoric of a "Stolen" Election

The following is an email I sent to Rick Hasen's Election Law "listserv" when I saw his reference to the Wall Street Journal's editorial on the resolution of the U.S. Senate election in Minnesota:

I was very disappointed to see the Wall Street Journal editorialize: “Mr. Franken now goes to the Senate having effectively stolen an election.”   This provocative accusation is highly irresponsible, both (a) in terms of U.S. domestic politics and the public's understanding of its own democracy and (b) our consideration of international standards regarding the conduct of elections, brought so dramatically to the fore by Iran. 

6/30/09
Impressive Unanimity: the Historical Significance of Coleman v. Franken

The Minnesota Supreme Court's decision in the Franken-Coleman case will begin its life as one of the most legally significant resolutions of a disputed election in U.S. history.

6/1/09
Conscientious Judging on Display

For anyone watching the Minnesota Supreme Court in today’s oral argument of Coleman v. Franken, the impression should have been one of judges striving to find the right answer according to the law and the record of the case. 

5/14/09
Factual Points and Uncertainties Relevant to the Coleman v. Franken Appeal

Reading both Coleman’s and Franken’s appellate briefs—Coleman’s reply is due Friday—has caused me to dig deeper into the factual details concerning this case. I thought I knew this case fairly well from attempting to follow it closely throughout its entirety. But the deeper I dig, the more I learn, and the more I realize I don’t know, or am unsure of, about the record. 

5/5/09
State Law Issues Loom Large in Coleman v. Franken Appeal

When Coleman filed his opening brief in the Minnesota Supreme Court last week, initial observations were that the brief essentially just repeated the federal-law Equal Protection argument that had been the centerpiece of Coleman’s case before the trial court. To be sure, Equal Protection remains a large part of Coleman’s argument on appeal. (It would be surprising if it weren’t.) But I was struck by how prominently issues of state law feature in Coleman’s appeal. 

Recent News Stories

Below are the most recent Minnesota News Stories. See All Minnesota News Stories

11/23/09
Group launches petition drives in St. Paul and Duluth to require photo IDs for voters

A group that says it wants to "empower the electorate" is gathering signatures in St. Paul and Duluth to seek a charter change that would require voters to show photo identification before casting ballots.

11/13/09
Absentee ballots simplified in wake of Senate race

Minnesota's absentee ballots, the centerpiece of last year's U.S. Senate race, will be simplified and streamlined before next year's election.

11/13/09
Ritchie wants new design instructions for absentee ballots

The Minnesota Secretary of State's office is looking for public comment on its new absentee ballot envelope design instructions. Officials with the office say the new forms are designed to be easier to understand.

11/2/09
Ritchie praises federal overseas voter act

Minnesota Secretary of State Mark Ritchie is praising the recent passage of the federal Military and Overseas Voter Empowerment Act and urging state legislators and the governor to enact legislation early next session to bring the state into compliance with the act.

10/29/09
Military ballot law has states in a time squeeze

A new law meant to protect the voting rights of deployed troops and other Americans overseas is forcing at least a dozen states to consider holding their primaries earlier or to negotiate another plan that federal officials will accept.

Current Litigation

Below are the Minnesota Active Cases. See All Minnesota Current and Archived Cases