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Election Law @ Moritz

Election Law @ Moritz


Information & Analysis

Potential to Add Votes After Election Day

Several races for US Senate and Governor that are still looking too close to call, as we approach midnight, could turn on the number of late arriving absentee ballots and the number of provisional ballots. For comparison, we have prepared the accompanying chart of provisional ballots cast in 2010 (the most comparable midterm election) and 2012 (the most recent election, but with a higher turnout, not so valid for comparison), using data from the EAC voting surveys. Similar information for late-arriving absentee ballots was not readily available.

 

Of the races still close tonight, only the Kansas governor's race has a margin small enough that provisional ballots theoretically could make up (without including late-arriving absentee ballots).

 

  • Total Provisional Ballots in 2010
  • NORTH CAROLINA
    • PBs—15,694

 

  • VIRGINIA
    • PBs— 1,659

 

  • KANSAS
    • PBs— 18,087

 

  • WISCONSIN
    • PBs—64

 

  • CONNECTICUT
    • PBs—343

 

  • ILLINOIS
    • PBs—N/A

 

  • MICHIGAN
    • PBs—835

 

  • Total Provisional Ballots in 2012
  • NORTH CAROLINA
    • PBs—100

 

  • VIRGINIA
    • PBs—134

 

  • KANSAS
    • PBs— 105

 

  • WISCONSIN
    • PBs—3,541

 

  • CONNECTICUT
    • PBs—0

 

  • ILLINOIS
    • PBs—110

 

  • MICHIGAN
    • PBs—83

 

  • Current Margins as of 11:50 p.m. Election Eve, 2014
  • NORTH CAROLINA
    • Senate—52,175
    • Gubernatorial—N/A

 

  • VIRGINIA
    • Senate—12,851
    • Gubernatorial—N/A

 

  • KANSAS
    • Senate—57,848
    • Gubernatorial—14,234

 

  • WISCONSIN
    • Senate—N/A
    • Gubernatorial—106,496

 

  • CONNECTICUT
    • Senate—N/A
    • Gubernatorial—11,806

 

  • ILLINOIS
    • Senate—322,738
    • Gubernatorial—144,053

 

  • MICHIGAN
    • Senate—288,723
    • Gubernatorial—131,181

 

 

Commentary

Edward B. Foley

Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

Edward B. Foley

A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

more commentary...

In the News

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

 

"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


more EL@M in the news...

Info & Analysis

Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

more info & analysis...