Recent Opinion Articles
- Uncounted Ballots: A Measure of Vulnerability
Edward B. Foley, November 5 - Election Commissions and Supreme Courts
Edward B. Foley, October 20 - Line-drawing after Overruling Austin
Edward B. Foley, September 9 - Citizens United, Stare Decisis, and Democracy
Edward B. Foley, July 31 - Impressive Unanimity: the Historical Significance of Coleman v. Franken
Edward B. Foley, June 30
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Topic-by-Topic Coverage (Recount Procedures)
Coverage by State | Coverage by Topic
News and Analysis
June, 2009
April, 2009
- Coleman Files Brief in Minnesota Recount Case (4/30/09)
- Minnesota Recount - Order Setting Date for Arguments (4/24/09)
- NY-20 update - Tedisco challenges Gillibrand's ballot (4/16/09)
- NY-20 congressional race - vote-counting continues as do court battles (4/14/09)
- Minnesota contest - possible next steps (4/14/09)
- NY-20 congressional race: absentee ballots to be counted tomorrow (4/07/09)
- Vote-counting today in Minnesota contest courtroom (4/07/09)
- NY-20 congressional race tied for now (4/06/09)
- Minnesota U.S. Senate contest - Summarizing video (4/06/09)
- Minnesota Senate race - analyses and comments (4/01/09)
- New York special congressional election candidates separated by 65 votes (4/01/09)
March, 2009
- New orders in the Minnesota U.S. Senate contest (3/31/09)
- No news yet in the Minnesota Senate contest (3/20/09)
- Final arguments concluded in the Minnesota U.S. Senate contest (3/13/09)
- Minnesota Senate contest - Franken to provisionally rest case tomorrow (3/11/09)
- What will happen to the 89 ballots whose envelopes contained valid registration forms? (3/09/09)
- Minnesota Senate contest - 80 registration forms found out of 1500 secrecy envelopes (3/09/09)
- Minnesota contest court hears arguments over Franken's motion to dismiss (3/06/09)
- Minnesota Senate contest - Two Minn. Sup. Ct. decisions, Coleman's response to motion to dismiss, contest court motions hearing (3/06/09)
- Minnesota Senate contest update (3/05/09)
February, 2009
- Book review of From Registration to Recounts published in Election Law Journal (2/26/09)
- Confusion over ballot envelopes from St. Louis County (2/26/09)
- Contest court grants Franken's motion in limine (2/26/09)
- Coleman seeks to vacate another order, Franken opposes uncounting ballots (2/26/09)
- Minnesota contest court vacates yesterday’s order striking testimony, will allow witness to finish testifying (2/26/09)
- Minnesota contest - Coleman's injunction denied, hearing on Franken's motion in limine, looking ahead to appeals and issuance of election certificate (2/25/09)
- Minnesota contest - Franken amends answer and counterclaims, state elections director testifies (2/24/09)
- Minnesota election contest - Franken challenges found votes, Coleman may be done by end of week (2/24/09)
- Minnesota election contest - Class certification denied, Franken's motion for summary judgment granted in part, denied in part (2/23/09)
- Coleman seeks to apply Feb. 13 order to all 290,000+ absentee ballots (2/23/09)
- Coleman seeks temporary injunction against commingling the 933 (2/20/09)
- Contest court grants Franken's motion to exclude Coleman's witness (2/18/09)
- Minnestoa contest continues; Franken submits memo opposing Coleman's offer of proof (2/18/09)
- Minnesota contest court denies Coleman's request for reconsideration of its order (2/18/09)
- Coleman side wants court to reconsider Friday's order on the 19 categories (2/17/09)
- Minnesota election contest update (2/16/09)
- Order issued by 3-judge panel in Minnesota Senate contest (2/13/09)
- MN Senate contest - big hearing today on categories of rejected absentee ballots (2/12/09)
- Dakota County official still on stand in Minnesota contest (2/11/09)
- Minnesota election contest - hearing Thursday on categories of absentee ballots (2/11/09)
- Coleman and Franken disagree about admissibility of testimony (2/10/09)
- Day 9 of Minnesota election contest trial ends (2/05/09)
- Coleman and Franken attorneys argue before MN Supreme Court over election certificate (2/05/09)
- Hearing tomorrow in Franken's case seeking election certificate (2/04/09)
- New comment by Edward Foley on yesterday's two Minnesota contest rulings (2/04/09)
- MN contest court rules on Franken’s motion in limine at the end of Day 7 (2/03/09)
- MN election contest – 933 absentee ballots already counted need not be revisited (2/03/09)
- Day 6 of Minnesota election contest trial complete (2/02/09)
January, 2009
- Day 3 of MN U.S. Senate trial complete (1/28/09)
- Day 2 of the MN U.S. Senate trial complete (1/27/09)
- What is happening today in the MN U.S. Senate trial? (1/27/09)
- MN Senate race - Day 1 of the trial complete (1/26/09)
- MN Senate election contest trial begins Monday (1/23/09)
- MN Senate race - motions denied, pre-trial hearing happening now (1/23/09)
- MPR seeks opinions of election law professionals (1/22/09)
- Coleman and Franken argue motion to dismiss (1/21/09)
- Hearing on motion to dismiss today at 2:30 CT (1/21/09)
- MN Senate race - Hearing Jan. 21 on motion to dismiss contest (1/16/09)
- Franken submits alternative trial schedule (1/16/09)
- Hearing scheduled, Coleman intervenes in Franken's suit for election certificate (1/14/09)
- Coleman prioritizes contest issues and Republican voters file new lawsuit over duplicates (1/14/09)
- Franken answer in contest and lawyers group responds to DFL complaint (1/13/09)
- Voters file suit in Minnesota challenging rejection of their ballots (1/13/09)
- Franken goes to MN Sup. Ct. seeking election certificate (1/13/09)
- Franken campaign files motion to dismiss contest (1/13/09)
- Minnesota DFL party files FEC complaint against Norm Coleman (1/12/09)
- Justice Page appoints 3-judge panel to hear MN Senate election contest (1/12/09)
- Minnesota recounts: differences between 1962 and 2008 (1/12/09)
- MN governor and secretary of state deny Franken's request for election certificate (1/12/09)
- Franken asks state officials for election certificate (1/12/09)
- MN Senate race - talk of reviewing even more ballots (1/12/09)
- MN Senate race: contest panel not yet appointed (1/09/09)
- MN Senate race – Coleman files election contest (1/06/09)
- Minnesota Senate race - recount ends with Franken on top (1/05/09)
- MN Sup. Ct. denies Coleman’s motion (1/05/09)
- Minnesota Senate race – Franken comes out ahead in state canvass (1/05/09)
- Franken and Officials Respond to Court Order (1/03/09)
- Minnesota state canvassing board begins counting absentee ballots (1/03/09)
- Minnesota Supreme Court orders responses due by 9am tomorrow (1/02/09)
- Minnesota Senate race - absentees may be counted tomorrow (1/02/09)
- Coleman back to MN S.Ct. over Absentee Ballots (1/01/09)
- Minnesota contest - Coleman injunction denied, hearing on Franken's motion in limine and looking ahead to appeals and issuance of certificate (1/01/09)
- NY-20 congresisonal race now tied (1/01/09)
December, 2008
- MN Senate race: Franken up by 50 votes unofficially (12/30/08)
- Minnesota local officials identify 1,350 wrongly rejected absentee ballots (12/29/08)
- MN Supreme Court rules against Coleman (12/26/08)
- MN Supreme Court Modifies Order (12/24/08)
- MN Supreme Court hears oral arguments over original/duplicate ballot issue (12/23/08)
- MN Senate race - Canvassing board meets again Dec. 30 (12/23/08)
- MN Senate race - board recesses while ballots are pulled (12/23/08)
- MN Senate race - withdrawn challenges will be allocated today (12/23/08)
- MN S.Ct. to hear (12/20/08)
- MN Senate race - board concludes today's meeting (12/19/08)
- Coleman files another case in Minnesota's Supreme Court (12/19/08)
- Minnesota Supreme Court order on absentee ballots - brief analysis (12/19/08)
- MN Canvassing Board update (12/19/08)
- MN Supreme Court issues decision on absentee ballots (12/18/08)
- MN Canvassing Board update (12/18/08)
- MN Canvassing Board decides on the Lizard People ballot (12/18/08)
- MN Senate race - Canvassing board finishes reviewing Franken's challenges (12/17/08)
- MN Senate race - Supreme Court hearing concluded, canvassing board continuing to wade through challenged ballots (12/17/08)
- MN Senate race - Franken sues county seeking counting of misplaced absentees (12/17/08)
- MN Senate race: 12/16 update (12/16/08)
- MN Senate Race: Complaint available for Coleman's suit (12/15/08)
- MN Senate Race: Coleman asks for uniform standard for including absentee ballots (12/12/08)
- Minnesota Supreme Court to hear case on absentee ballots (12/12/08)
- Minnesota Canvassing Board - summary of 12/12/08 meeting (12/12/08)
- Minnesota Canvassing Board meeting now (12/12/08)
- MN Senate Race: 12/11 Update (12/11/08)
- MN Senate Race: 12/8 Update (12/08/08)
- OH-15 race resolved, Kilroy wins and no recount triggered (12/07/08)
- MN Senate Race: 12/5 Update (12/05/08)
- MN Senate Race: 12/3 Update - Ritchie orders absentees to be reviewed by local officials (12/03/08)
November, 2008
- MN Canvassing Board rejects Franken's request to consider rejected absentees in the recount (11/26/08)
- MN Senate Race: 11/25 Update (11/25/08)
- OH-15: Stivers leads by 594 votes (11/25/08)
- Skaggs briefs due to Ohio Supreme Court by 10:00AM Monday (11/25/08)
- OH-15: Briefs have been filed in Skaggs 6th Circuit appeal (11/25/08)
- VA-5 candidate seeks recount (11/25/08)
- What comes after the recount in Minnesota? (11/24/08)
- MN Senate Race: 11/24 Update (11/24/08)
- MN Senate Race: 11/23 Update (11/23/08)
- Disputes in New York state senate race parallel those in OH-15 race (11/21/08)
- Some Minnesota absentee voters learning of ballot rejection (11/21/08)
- MN Senate Race: 11/21 Update (11/21/08)
- Order in Skaggs stayed until Nov. 28 while 6th Circuit hears appeal (11/20/08)
- MN Senate: Do-it-yourself recount and FAQ (11/20/08)
- Minnesota recount blog started by observers (11/20/08)
- EL@M Director, Edward B. Foley, publishes op-ed on Minnesota recounts (11/20/08)
- Minnesota Senate race: Coleman up by 169 votes (11/20/08)
- MN Senate: 11-20 Update... (11/20/08)
- Rivals in two House races both attend congressional orientation (11/18/08)
- Provisionals in OH-15 race will not be counted until Friday (11/18/08)
- Federal judge keeps Ohio provisional ballot case (11/17/08)
- OH-15: Ruling expected 8:30 a.m. Monday on provisional ballot case (11/15/08)
- Coleman's lead down to 200 votes as counties perform audits before the recount (11/15/08)
- Waiting for result in federal court hearing on OH-15 provisional ballots (11/15/08)
- MN Senate race - those 32 ballots were not left in a car for days (11/13/08)
- Begich leads Stevens by 814 votes in Alaska Senate race (11/13/08)
- OH-15: Vote difference either 393 or 149 (11/12/08)
- Minnesota county declines to reconsider rejected absentees; may review in the recount (11/10/08)
- Ballot chain of custody an issue in Minnesota Senate race (11/10/08)
- MN Senate Race: 11/10 Update (11/10/08)
- Minnesota SoS aims to end recount by Dec. 19 (11/07/08)
- Alaska Senate race outcome will not be known until Nov. 14 (11/07/08)
- MN Senate race: County error gave Franken 100 fewer votes than he received (11/07/08)
- OH-15: Some votes counted twice; corrected numbers increase Stivers lead (11/07/08)
- MN Senate race vote difference down to 236 votes (11/06/08)
- Close races update - NC goes for Obama, OR Senate race called, 55,000 votes to be counted in Alaska Senate race (11/06/08)
- Significant Unresolved Elections (11/05/08)
Commentary
2009
- Situation Normal: Election Too Close to Call (4/01/09)
- What has to happen to unring this Bell? (3/11/09)
- Un-counting votes in Minnesota’s U.S. Senate race (3/02/09)
2008
- If the Minnesota Recount Involved a Presidential Race… (12/09/08)
- Eyes Now Turn to Ohio Supreme Court (11/25/08)
- In '62, Minnesota set the recount standard (11/18/08)
- Minnesota under the Microscope (11/05/08)
- Waiting for a Presidential Winner: The Lessons of 1884 and 1916 (10/29/08)
News Stories
June, 2009
April, 2009
- Absentee count to start Wednesday (4/07/09)
- NY House race ballot counting to begin this week (4/07/09)
February, 2009
- Ritchie discusses election issues (2/25/09)
- Three-vote margin spurs Palm Beach mayoral ballot recount Saturday (2/18/09)
- Ritchie calls for early voting, fewer recounts (2/11/09)
- Coleman election contest begins second week (2/02/09)
- In Senate trial, Coleman turns to Bush v. Gore (2/01/09)
January, 2009
- Making sense of the Coleman-Franken recount trial (1/31/09)
- Markings on ballot copies upset Minn. Senate case (1/27/09)
- Senate recount trial: Copies of ballots don't cut it (1/26/09)
- Franken's request to dismiss Coleman suit is denied (1/23/09)
- Senate recount: Franken, Coleman make pre-trial cases (1/22/09)
- Senate recount: Coleman seeks expanded ballot reexamination (1/22/09)
- Norm Coleman Gets a Job (1/22/09)
- Senate recount: Franken ratchets up legal fight (1/21/09)
- Lawyers duel over Coleman lawsuit in U.S. Senate recount (1/21/09)
- In Minnesota, Another Bid for a Recount (1/20/09)
- Voters ballots rejected (1/20/09)
- Letter warns Minneapolis election judges they could be pulled into Coleman lawsuit proceedings (1/20/09)
- Senate recount: Franken ratchets up legal fight (1/20/09)
- Franken says Minn. law lets him join US Senate now (1/20/09)
- In Minnesota, Another Bid for a Recount (1/19/09)
- Hillsborough Finds Uncounted Ballots (1/17/09)
- Media Asks For Access In Coleman-Franken Recount Trial (1/16/09)
- Would-be senators spar over trial details (1/16/09)
- Judges panel may schedule lawsuit (1/15/09)
- Frustrated voters turn to courts (1/15/09)
- Franken expands legal effort to get seated in Senate (1/14/09)
- Coleman camp devises 5-stage challenge to Franken's numbers (1/14/09)
- Tripartisan trio to rule on Franken/Coleman election contest (1/13/09)
- GOP lawyers group denies any improper role in Coleman recount battle (1/13/09)
- Coleman is casting wider net for votes (1/12/09)
- Kiffmeyer slams U.S. Senate recount (1/12/09)
- Franken campaign asks for certificate to take seat (1/12/09)
- As judges named, Minn. Senate legal fight grows (1/12/09)
- As judges named, Minn. Senate legal fight grows (1/12/09)
- As judges named, Minn. Senate legal fight grows (1/12/09)
- Lori Sturdevant: We've been down this recount road before (1/11/09)
- Dear voter: You've been rejected. Letters sent after ballots vetoed by campaigns (1/09/09)
- Poll on recount: Coleman should concede (1/09/09)
- Ballots that campaigns bumped could cost voters $1000s to get counted (1/09/09)
- U.S. Senate recount: What’s next? (1/08/09)
- Ballot reforms unlikely to help voters who think outside the oval (1/08/09)
- Recount notebook: Musings on Franken-Coleman maneuvers, Supreme Court 'leanings,' and more (1/08/09)
- Coleman goes to court over Senate recount (1/07/09)
- With lawsuit looming, Senate won't seat Franken (1/06/09)
- Senate race certification set for Monday with Franken up 225 votes (1/04/09)
December, 2008
- Opinion: The Minnesota Recount Folly: We've Been Down That Road (12/31/08)
- Opinion: Minnesota and Florida recounts are polls apart (12/30/08)
- Editorial: Canvassing Board inspires confidence (12/29/08)
- Coleman calls for expanded ballot count (12/29/08)
- Opinion: Understanding the lesson of a previous recount (12/26/08)
- Franken-Coleman recount: Supremes order process to count absentee ballots (12/24/08)
- Mishandled ballots from judges' race not recounted (12/21/08)
- The Recount: No hanging chads, but plenty of hang-ups (12/21/08)
- Court orders campaigns, officials to decide absentees (12/19/08)
- Canvassing board moves forward as potential legal roadblocks develop (12/18/08)
- Opinion: A long way from over (12/18/08)
- Tossed absentees added to count (12/18/08)
- Recount Day 2 resumes this morning (12/17/08)
- Recount blessings? (12/17/08)
- Key – potentially close – Supreme Court vote could come Thursday in Franken-Coleman recount battle (12/17/08)
- Washington state a model for messiness (12/16/08)
- Readers' analysis of challenged ballots shows Coleman lead erased (12/16/08)
- Board reviews challenged ballots (12/16/08)
- A nasty bug emerges in the state election system (12/15/08)
- Editorial: Recount reveals an election weak spot (12/15/08)
- Coleman asks court to intervene in rejected absentee ballot count (12/13/08)
- Canvassing board to take up recount ballot questions (12/12/08)
- Franken presents affidavits from 62 with rejected ballots (12/11/08)
- U.S. Senate recount: Who will have the final say? (12/09/08)
- Special vote could have been dodged (12/08/08)
- Kilroy is going to Congress (12/08/08)
- Coleman-Franken recount: Franken withdraws more challenges, expresses concern on ‘fifth pile’ (12/08/08)
- Early voting begins for District 17 runoff between Bell, Huffman (12/08/08)
- Veteran lawyers battle in Minn. Senate recount (12/07/08)
- The Coleman-Franken recount: And the winner is ... far from decided (12/06/08)
- Flawed ballots barred (12/06/08)
- Ohio high court rules 1,000 ballots invalid (12/05/08)
- Senate recount: Pendulum swings to Franken (12/03/08)
- Runoff elections take place today (12/02/08)
- Secretary of State's office asks counties to sort rejected absentee ballots (12/02/08)
- Runoff Election Turnout Is Light (12/02/08)
- Dallas County Hires Outside Attorneys for Recount Lawsuit (12/02/08)
- Judge shoots down legal challenge to BART-to-San-Jose (12/02/08)
- Editorial: 'Instant runoff' voting deserves a closer look (12/01/08)
November, 2008
- With big stakes, U.S. Senate could decide Coleman-Franken race (11/29/08)
- Oregon ballot recounts show no problems (11/28/08)
- Franken loses Minn. absentee ballot appeal (11/26/08)
- Minn. board due to rule on voided absentee ballots (11/26/08)
- Editorial: Courts should rule on rejected ballots (11/25/08)
- Election recount could be just the beginning of long battle (11/24/08)
- Goode Will Seek Recount (11/24/08)
- Run-up in ballot challenges cloud Coleman-Franken recount (11/24/08)
- The Slow and Contested Count for One Last Senate Seat (11/21/08)
- Early voting for runoff sees less traffic (11/20/08)
- Minnesota Senate recount gets tedious, pretty fast (11/20/08)
- Federal judge retains provisional-ballot case (11/17/08)
- Congressional race remains tight (11/13/08)
- Begich Takes 814-Vote Lead in Alaska Senate Race (11/13/08)
- District 18 House Race Eligible For Recount (11/13/08)
- Attorney’s race to see hand recount (11/12/08)
- Judge approves congressional vote recount (11/12/08)
- Presidential Race Narrowing with St. Louis Ballots Found (11/11/08)
- MoreFAQs on Minnesota Recount (11/09/08)
- The (Re)Countdown--what could happen? (11/07/08)
- Thornburg declared winner of House seat after recount (11/07/08)
- Harris-Kratovil: How long will it last? (11/07/08)
- Amendment 3 vote may be headed for recount (11/07/08)
- Pre-recount: Mountain Iron funny business? (11/07/08)
- Goode says "irregularites" cast doubt on election results (11/07/08)
- Franken's deficit: 239 votes (11/07/08)
- GOP to request two recounts (11/07/08)
- "Too Close to Call": a National List (11/06/08)
- Ohio's 15th congressional district may see recount (like 2006) (11/05/08)
- North Carolina still unresolved for President (11/05/08)
- Merkley, Smith nearly tied in Ore. Senate race (11/05/08)
- Recount Looms in Minnesota U.S. Senate Race (11/05/08)
October, 2008
September, 2008
- Palm Beach Ballots Down for the Count (9/23/08)
- Wilkerson seeks election recount in five wards (9/23/08)
- Accurate ballot count in Palm Beach County proves elusive (9/22/08)
- Florida voting issues raise fears of 2000-like debacle (9/22/08)
- Firm Subpoenaed in Vote Tally (9/19/08)
- Ten precincts lost more than 100 ballots in recount (9/12/08)
- Northeast Wisconsin Candidate Will Seek Re-Count (9/10/08)
- Election recounts show no changes in Ganges, Lee (9/10/08)
- Judge Who Won Recount Wants New Election (9/09/08)
- Palm Beach County's election woes continue (9/08/08)
- Recount continues with a review of voter registration logs (9/05/08)
- Recounts change outcomes of two races (9/04/08)
- Candidate challenges mayor vote (9/04/08)
- Waterford trustee primary race recount requested (9/03/08)
August, 2008
- State Will Recount Votes In Carey-Catlin Judicial Election (8/27/08)
- Tennessee primary remains in limbo (8/08/08)
July, 2008
January, 2008
December, 1969
Litigation
Active Cases
- Coleman v. Franken (Minnesota)
- Texas Democratic Party v. Dallas County (Texas)
Archived Cases
- Abramson v. Florida Elections Canvassing Commision (Florida)
- Anita Rios v. Blackwell (Ohio)
- Coleman v. Minnesota State Canvassing Board (Minnesota)
- Coleman v. Ritchie (Minnesota)
- Franken for Senate v. Ramsey County (Minnesota)
- Franken v. Olmsted County (Minnesota)
- Franken v. Pawlenty (Minnesota)
- In re: 2008 MN U.S. Senate Election (Minnesota)
- In the Matter of Philip Ragusa (New York)
- Peterson v. Ritchie (Minnesota)
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