Subject: Re: [EL] Electionlawblog news and commentary 11/3/10
From: John Tanner
Date: 11/3/2010, 11:00 AM
To: David Mason
CC: Election Law <election-law@mailman.lls.edu>

Does anyone know which states are still waiting for military/overseas
ballots - and for how long?

On Wed, Nov 3, 2010 at 1:23 PM, David Mason <dmason12@gmail.com> wrote:
California 11 (Harmer - McNerney) 23 votes separate the R & D nominees out
of over 170,000 cast with over 5% of the vote having gone to a third
candidate.

On Wed, Nov 3, 2010 at 1:15 PM, Josh Douglas <joshuadouglas@uky.edu> wrote:

Just thought I'd flag for everyone Kentucky's 6th District Congressional
race between incumbent Democrat Ben Chandler and Republican Andy Barr.  With
99% of the votes counted only 619 votes separates the two out of over
239,000 votes cast.  This therefore might be the closest federal election
yet to be resolved (I apologize if there are closer races I am not aware
of).  Chandler has declared victory while Barr is considering his options,
which under Kentucky law first would allow for a "recanvass" by the Board of
Elections, and then a "recount" and potential election contest in the
courts.

There were scattered reports throughout the district of voting machines
not working when the polls opened and other alleged improprieties, but I am
doubtful whether there is enough there to overcome a 600-vote margin if it
stays that way.

The latest is here:
http://bluegrasspolitics.bloginky.com/2010/11/03/andy-barr-not-conceding-still-considering-next-move/

Josh

On Wed, Nov 3, 2010 at 12:25 PM, Rick Hasen <rick.hasen@lls.edu> wrote:

Close Major Races Not Yet Decided/Recount Possible

U.S. Senate, Washington State: Murray leading, likely to win with margin
that would avoid recount.

U.S. Senate, Colorado: Bennet ahead by about 7,000 votes with 87% of vote
counted; automatic recount triggered if margin about 3,900 votes or less
(the Denver Post has called this for Bennett)

U.S. Senate, Alaska: "Write-in" is ahead of Miller by over 13,000 votes.
Though Miller has not yet conceded, and there doubtless will be a fair
number of votes among the write-ins that election officials will not count
for Murkowski (because voter intent was unclear), this one looks like it is
beyond the margin of litigation (which is a good thing too, because a close
race depending upon voter intent on write-ins could have been very ugly)

Governor, Minnesota: Poor Minnesota. It looks like we'll have an
automatic recount, because the Dayton-Emmer contest is within a half of a
percentage point. From the Star Tribune story: "'It looks like it's recount
part II: And this time it's personal,' said state Republican Party Chair
Tony Sutton." Yes, it is a bad horror movie meets "Groundhog Day."

In the end nationally, if things break in the Senate the way they appear
to be breaking it will be Democrats with 53 in the Senate to 47 Republicans
in the House. The NYT now has Republicans +60 in the House, with 11 seats
yet to be determined. That makes my predictions yesterday morning (Senate,
52-48; House, Republicans +65-70) pretty close, and closer than the 54-55
Republican House gain predicted by Nate Silver yesterday at the same time.)

UPDATE: Ned Foley flags Connecticut governor's race as a "yellow alert"
state.

Posted by Rick Hasen at 08:19 AM



--
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA 90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org

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--
Joshua A. Douglas
Assistant Professor of Law
University of Kentucky College of Law
620 S. Limestone
Lexington, KY 40506
(859) 257-4935
joshuadouglas@uky.edu



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