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.

Topic-by-Topic Coverage (Absentee Ballots)

Recent News & Analysis

Below are the most recent News & Analysis posts on Absentee Ballots. See All News & Analysis on Absentee Ballots

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].

5/15/09
Coleman Files Reply Brief

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

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.

4/24/09
Minnesota Recount - Order Setting Date for Arguments

The Minnesota Supreme Court has entered an Order (4/24) establishing a schedule for briefs and has set a date of Monday, June 1 to hear arguments on the election dispute.

4/14/09
NY-20 congressional race - vote-counting continues as do court battles

Votes are still being counted in the NY-20 congressional race that took place roughly two weeks ago.  Yesterday was the deadline for arrival of military and overseas ballots.  Candidate Tedisco wants this deadline to be extended and Candidate Murphy has said he would be amenable to extending it as well.  However, the judge who was to preside over a hearing on the matter yesterday fell ill and was hospitalized.  He is expected to hear the matter as early as tomorrow.  See local coverage here.  The judge will likely also hear arguments over whether challenged ballots may be counted immediately when county elections commissioners from both parties agree that they should be opened and counted.  Tedisco's challengers in Columbia County have so far insisted that the challenged ballots be held aside until a judge can rule on them.  See the Times Union coverage here.  Democratic candidate Scott Murphy is currently ahead by 56 votes according to the New York State Board of Elections website.

Recent Commentary

Below are the most recent Commentaries on Absentee Ballots . See All Commentaries on Absentee Ballots

11/5/09
Uncounted Ballots: A Measure of Vulnerability

Guess what? Ohio ranks especially vulnerable.

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. 

4/1/09
Situation Normal: Election Too Close to Call

Recent News Stories

Below are the most recent News Stories on Absentee Ballots. See All News Stories on Absentee 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.

11/6/09
Colorado ranks high in its effort to count military ballots

Colorado ranks in the top five states for its military and overseas voting policies. In fact, the state needs to make only one minor tweak to comply with the provisions of the federal Military Overseas Voting Empowerment Act, which President Barack Obama signed into law on Oct. 28.

11/3/09
The Idaho League of Women Voters supports permanent absentee voting

On Monday, the league announced its support of permanent absentee voting, which would allow voters to automatically receive an absentee ballot for every election. That could make voting by mail easier.

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.

Current Litigation

Below are the Active Cases on Absentee Ballots . See All Current and Archived Cases on Absentee Ballots