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Books by Rick
The Voting Wars Website
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Election Law--Cases and Materials (5th edition 2012) (with Daniel Hays Lowenstein and Daniel P. Tokaji)
The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore (NYU Press 2003) NOW IN PAPER
Book introduction
Table of Contents
Order from Amazon.com
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Journal of Legislation Symposium on book

The Glannon Guide to Torts: Learning Torts Through Multiple-Choice Questions and Analysis (Aspen Publishers 2d ed. 2011)
Remedies: Examples & Explanations (Aspen Publishers, 2d ed. 2010)Election Law Resources
Election Law--Cases and Materials (4th edition 2008) (with Daniel Hays Lowenstein and Daniel P. Tokaji)
Election Law Journal
Election Law Listserv homepage
Election Law Teacher Database
Repository of Election Law Teaching Materials (2011 update)
Blogroll/Political News Sites
All About Redistricting (Justin Levitt)
American Constitution Society
Balkinization
Ballot Access News
Brennan Center for Justice
The Brookings Institution's Campaign Finance Page
Buzzfeed Politics
California Election Law (Randy Riddle)
Caltech-MIT/Voting Technology Project (and link to voting technology listserv)
The Caucus (NY Times)
Campaign Legal Center (Blog)
Campaign Finance Institute
Center for Competitive Politics (Blog)
Center for Governmental Studies
Doug Chapin (HHH program)
Concurring Opinions
CQ Politics
Demos
Election Updates
Fairvote
Election Law@Moritz
Electionline.org
Equal Vote (Dan Tokaji)
Federal Election Commission
The Fix (WaPo)
The Hill
How Appealing
Initiative and Referendum Institute
Legal Theory (Larry Solum)
Political Activity Law
Political Wire
Politico
Prawfsblawg
Roll Call
SCOTUSblog
Summary Judgments (Loyola Law faculty blog)
Talking Points Memo
UC Irvine Center for the Study of Democracy
UC Irvine School of Law
USC-Caltech Center for the Study of Law and Politics
The Volokh Conspiracy
Votelaw blog (Ed Still)
Washington Post Politics
Why Tuesday?
Recent Newspapers and Magazine Commentaries
Big Money Lost, But Don't Be Relieved, CNN Opinion, Nov. 9, 2012
A Better Way to Vote: Nationalize Oversight and Control, NY Times, "Room for Debate" blog, Nov. 9, 2012
Election Day Dispatches Entry 5: Black Panthers, Navy Seals, and Mysterious Voting Machines, Slate, Nov. 6, 2012
Behind the Voting Wars, A Clash of Philosophies, Sacramento Bee, Nov. 4, 2012
How Many More Near-Election Disasters Before Congress Wakes Up?, The Daily Beast, Oct. 30, 2012
Will Bush v. Gore Save Barack Obama? If Obama Narrowly Wins Ohio, He Can Thank Scalia and the Court's Conservatives, Slate, Oct. 26, 2012
Will Voter Suppression and Dirty Tricks Swing the Election?, Salon, Oct. 22, 2012
Is the Supreme Court About to Swing Another Presidential Election? If the Court Cuts Early Voting in Ohio, It Could Be a Difference Maker in the Buckeye State, Slate, Oct. 15, 2012
Election Truthers: Will Republicans Accept an Obama Election Victory?, Slate, Oct. 9, 2012
Wrong Number: The Crucial Ohio Voting Battle You Haven't Heard About, Slate, Oct. 1, 2012
Litigating the Vote, National Law Journal, Aug. 27, 2012
Military Voters as Political Pawns, San Diego Union-Tribune, August 19, 2012
Tweeting the Next Election Meltdown: If the Next Presidential Election Goes into Overtime, Heaven Help Us. It’s Gonna Get Ugly, Slate, Aug. 14, 2012
A Detente Before the Election, New York Times, August 5, 2012
Worse Than Watergate: The New Campaign Finance Order Puts the Corruption of the 1970s to Shame, Slate, July 19, 2012
Has SCOTUS OK'd Campaign Dirty Tricks?, Politico, July 10, 2012
End the Voting Wars: Take our elections out of the hands of the partisan and the incompetent, Slate, June 13, 2012
Citizens: Speech, No Consequences, Politico, May 31, 2012
Is Campaign Disclosure Heading Back to the Supreme Court? Don’t expect to see Karl Rove’s Rolodex just yet, Slate, May 16, 2012
Unleash the Hounds Why Justice Souter should publish his secret dissent in Citizens United, Slate, May 16, 2012
Why Washington Can’t Be Fixed; And is about to get a lot worse, Slate, May 9, 2012
Let John Edwards Go! Edwards may be a liar and a philanderer, but his conviction will do more harm than good, Slate, April 23, 2012
The Real Loser of the Scott Walker Recall? The State of Wisconsin, The New Republic, April 13, 2012
A Court of Radicals: If the justices strike down Obamacare, it may have grave political implications for the court itself, Slate, March 30, 2012
Of Super PACs and Corruption, Politico, March 22, 2012
Texas Voter ID Law May Be Headed to the Supreme Court, Fort Worth Star-Telegram, Mar. 13, 2012
“The Numbers Don’t Lie: If you aren’t sure Citizens United gave rise to the Super PACs, just follow the money, Slate, Mar. 9, 2012
Stephen Colbert: Presidential Kingmaker?, Politico, Mar. 5 2012
Occupy the Super PACs; Justice Ginsburg knows the Citizens United decision was a mistake. Now she appears to be ready to speak truth to power, Slate, Feb. 20, 2012
Kill the Caucuses! Maine, Nevada, and Iowa were embarrassing. It’s time to make primaries the rule, Slate, Feb. 15, 2012
The Biggest Danger of Super PACs, CNN Politics, Jan. 9, 2012
This Case is a Trojan Horse, New York Times "Room for Debate" blog, Jan. 6, 2012 (forum on Bluman v. FEC)
Holder's Voting Rights Gamble: The Supreme Court's Voter ID Showdown, Slate, Dec. 30, 2011
Will Foreigners Decide the 2012 Election? The Extreme Unintended Consequences of Citizens United, The New Republic (online), Dec. 6, 2011
Disenfranchise No More, New York Times, Nov. 17, 2011
A Democracy Deficit at Americans Elect?, Politico, Nov. 9, 2011
Super-Soft Money: How Justice Kennedy paved the way for ‘SuperPACS’ and the return of soft money, Slate, Oct. 25, 2012
The Arizona Campaign Finance Law: The Surprisingly Good News in the Supreme Court’s New Decision, The New Republic (online), June 27, 2011
New York City as a Model?, New York Times Room for Debate, June 27, 2011
A Cover-Up, Not a Crime. Why the Case Against John Edwards May Be Hard to Prove, Slate, Jun. 3, 2011
Wisconsin Court Election Courts Disaster, Politico, Apr. 11, 2011
Rich Candidate Expected to Win Again, Slate, Mar. 25, 2011
Health Care and the Voting Rights Act, Politico, Feb. 4, 2011
The FEC is as Good as Dead, Slate, Jan. 25, 2011
Let Rahm Run!, Slate, Jan. 24, 2011
Lobbypalooza,The American Interest, Jan-Feb. 2011(with Ellen P. Aprill)
Election Hangover: The Real Legacy of Bush v. Gore, Slate, Dec. 3, 2010
Alaska's Big Spelling Test: How strong is Joe Miller's argument against the Leeza Markovsky vote?, Slate, Nov. 11, 2010
Kirk Offers Hope vs. Secret Donors, Politico, November 5, 2010
Evil Men in Black Robes: Slate's Judicial Election Campaign Ad Spooktackular!, Slate, October 26, 2010 (with Dahlia Lithwick)
Show Me the Donors: What's the point of disclosing campaign donations? Let's review, Slate, October 14, 2010
Un-American Influence: Could Foreign Spending on Elections Really Be Legal?, Slate, October 11, 2010
Toppled Castle: The real loser in the Tea Party wins is election reform, Slate, Sept. 16, 2010
Citizens United: What the Court Did--and Why, American Interest, July/August 2010
The Big Ban Theory: Does Elena Kagan Want to Ban Books? No, and She Might Even Be a Free Speech Zealot", Slate, May 24, 2010
Crush Democracy But Save the Kittens: Justice Alito's Double Standard for the First Amendment, Slate, Apr. 30, 2010
Some Skepticism About the "Separable Preferences" Approach to the Single Subject Rule: A Comment on Cooter & Gilbert, Columbia Law Review Sidebar, Apr. 19, 2010
Scalia's Retirement Party: Looking ahead to a conservative vacancy can help the Democrats at the polls, Slate, Apr. 12, 2010
Hushed Money: Could Karl Rove's New 527 Avoid Campaign-Finance Disclosure Requirements?, Slate, Apr. 6, 2010
Money Grubbers: The Supreme Court Kills Campaign Finance Reform, Slate, Jan. 21, 2010
Bad News for Judicial Elections, N.Y. Times "Room for Debate" Blog, Jan., 21, 2010
Read more opeds from 2006-2009
Forthcoming Publications, Recent Articles, and Working Papers
The 2012 Voting Wars, Judicial Backstops, and the Resurrection of Bush v. Gore, George Washington Law Review (forthcoming 2013) (draft available)
A Constitutional Right to Lie in Campaigns and Elections?, Montana Law Review (forthcoming 2013) (draft available)
End of the Dialogue? Political Polarization, the Supreme Court, and Congress, 86 Southern California Law Review (forthcoming 2013) (draft available)
Fixing Washington, 126 Harvard Law Review (forthcoming 2012) (draf available)
What to Expect When You’re Electing: Federal Courts and the Political Thicket in 2012, Federal Lawyer, (forthcoming 2012)( draft available)
Chill Out: A Qualified Defense of Campaign Finance Disclosure Laws in the Internet Age, Journal of Law and Politics (forthcoming 2012) (draft available)
Lobbying, Rent Seeking, and the Constitution, 64 Stanford Law Review (forthcoming 2012) (draft available)
Anticipatory Overrulings, Invitations, Time Bombs, and Inadvertence: How Supreme Court Justices Move the Law, Emory Law Journal (forthcoming 2012) (draft available)
Teaching Bush v. Gore as History, St. Louis University Law Review (forthcoming 2012) (symposium on teaching election law) (draft available)
The Supreme Court’s Shrinking Election Law Docket: A Legacy of Bush v. Gore or Fear of the Roberts Court?, Election Law Journal (forthcoming 2011) (draft available)
Citizens United and the Orphaned Antidistortion Rationale, 27 Georgia State Law Review 989 (2011) (symposium on Citizens United)
The Nine Lives of Buckley v. Valeo, in First Amendment Stories, Richard Garnett and Andrew Koppelman, eds., Foundation 2011)
The Transformation of the Campaign Financing Regime for U.S. Presidential Elections, in The Funding of Political Parties (Keith Ewing, Jacob Rowbottom, and Joo-Cheong Tham, eds., Routledge 2011)
Judges as Political Regulators: Evidence and Options for Institutional Change, in Race, Reform and Regulation of the Electoral Process, (Gerken, Charles, and Kang eds., Cambridge 2011)
Citizens United and the Illusion of Coherence, 109 Michigan Law Review 581 (2011)
Aggressive Enforcement of the Single Subject Rule, 9 Election Law Journal 399 (2010) (co-authored with John G. Matsusaka)
The Benefits of the Democracy Canon and the Virtues of Simplicity: A Reply to Professor Elmendorf, 95 Cornell Law Review 1173 (2010)
Constitutional Avoidance and Anti-Avoidance on the Roberts Court, 2009 Supreme Court Review 181 (2010)
Election Administration Reform and the New Institutionalism, California Law Review 1075 (2010) (reviewing Gerken, The Democracy Index)
You Don't Have to Be a Structuralist to Hate the Supreme Court's Dignitary Harm Election Law Cases, 64 University of Miami Law Review 465 (2010)
The Democracy Canon, 62 Stanford Law Review 69 (2009)
Review Essay: Assessing California's Hybrid Democracy, 97 California Law Review 1501 (2009)
Bush v. Gore and the Lawlessness Principle: A Comment on Professor Amar, 61 Florida Law Review 979 (2009)
Introduction: Developments in Election Law, 42 Loyola of Los Angeles Law Review 565 (2009)
Book Review (reviewing Christopher P. Manfredi and Mark Rush, Judging Democracy (2008)), 124 Political Science Quarterly 213 (2009).
"Regulation of Campaign Finance," in Vikram Amar and Mark Tushnet, Global Perspectives on Constitutional Law (Oxford University Press (2009)
More Supply, More Demand: The Changing Nature of Campaign Financing for Presidential Primary Candidates (working paper, Sept. 2008)
When 'Legislature' May Mean More than''Legislature': Initiated Electoral College Reform and the Ghost of Bush v. Gore, 35 Hastings Constitutional Law Quarterly 599 (2008) (draft available)
"Too Plain for Argument?" The Uncertain Congressional Power to Require Parties to Choose Presidential Nominees Through Direct and Equal Primaries, 102 Northwestern University Law Review 2009 (2008)
Political Equality, the Internet, and Campaign Finance Regulation, The Forum, Vol. 6, Issue 1, Art. 7 (2008)
Justice Souter: Campaign Finance Law's Emerging Egalitarian, 1 Albany Government Law Review 169 (2008)
Beyond Incoherence: The Roberts Court's Deregulatory Turn in FEC v. Wisconsin Right to Life, 92 Minnesota Law Review 1064 (2008) (draft available)
The Untimely Death of Bush v. Gore, 60 Stanford Law Review 1 (2007)
Articles 2004-2007
Category Archives: Election Assistance Commission
“Committee on House Administration Democrats Introduce Bill to Reform and Reauthorize the Election Assistance Commission”
“Federal election commission may take back seat to Florida reforms”
“No Mail on Saturdays? Election Officials Consider the Impact”
“House Administration Committee Votes To Eliminate Subcommittee on Elections”
Bloomberg BNA: “The House Elections Subcommittee, which handled campaign finance and other election-related issues in previous Congresses, has been eliminated in the new, 113th Congress, according to rules adopted Feb. 5 by the House Administration Committee. Rep. Candice Miller (R-Mich.), the committee chairman, said that all matters previously handled by the Elections Subcommittee would now be handled directly by the full House Administration Committee.”
More: “Miller issued a statement last month saying Republican lawmakers continue to support simple elimination of the existing public financing system for presidential elections, as well as abolition of the EAC, the national clearinghouse that helps state and local officials improve voting systems. She said these moves would save taxpayers nearly $500 million and return $199 million to the U.S. Treasury.”
“Federal Election Assistance Commission under scrutiny”
Gannett reports. See also this release from Sen. Boxer, calling for Republicans to nominate members of the EAC.
“Post-Recount Federal Commission in Disarray”
National Journal reports.
“The Phantom Commission”
Must-read Roll Call report on the U.S. Election Assistance Commission, the federal agency which is supposed to be advising on best practices in running elections, and would be a go-to place for guidance in the wake of Sandy, but which has all four of its commissioner seats vacant thanks to Republican opposition to the agency.
Moritz-ELJ Conference: HAVA at 10
I’m pleased to announce that The Ohio State University’s Moritz College of Law will host a conference on Friday, May 18, 2012 to commemorate the 10th Anniversary of the Help America Vote Act of 2002, with papers to be published in Election Law Journal. It will feature a terrific lineup of speakers, including lawyers and law profs (Doug Chapin, Terri L. Enns, Heather Gerken, Ned Foley, Rick Hasen, Steven F. Huefner, and Dan Tokaji) political scientists (Paul Gronke, Thad Hall, David Kimball, Martha Kropf, Charles Stewart III), former EAC Commissioners (Donetta Davidson and Ray Martinez III), and election officials (Jon Husted, Matthew Damschroder). From the conference website:
The Help America Vote Act of 2002 (HAVA) became law 10 years ago. To commemorate this occasion and discuss how American election administration has changed over the past decade, The Ohio State University Moritz College of Law’s Election Law @ Moritz program, its Legislation Clinic, and Election Law Journal, are co-sponsoring a conference, “HAVA @ 10.”
The Moritz College of Law will host the conference in downtown Columbus, Ohio, on May 18, 2012, with papers from the conference to be published in Election Law Journal. The conference will bring together a group of national experts, including election officials, elected officials, political scientists, legal scholars, and lawyers. Topics will include laws regarding voter registration, voting technologies, the future of the U.S. Election Assistance Commission, the division of authority among federal, state, and local entities, and election administration issues that HAVA has not addressed. Ohio Secretary of State Jon Husted, former Speaker of the Ohio House of Representatives, will be the keynote lunch speaker.
The conference schedule is here, and you can register here. Hope that some of you will join us in Columbus on May 18!
More on 9th Circuit Gonzalez v. Arizona Opinion
Following up on this post, Howard has this news roundup. One knowledgeable reader questioned my suggestion in the last post that the federal form could be used for third party voter registration efforts, suggesting that the form doesn’t seem to allow such efforts. I’d welcome other thoughts on that question. [UPDATE: The reader is very incorrect. Section 6b of the NVRA section 1973gg-4b reads: "The chief State election official of a State shall make the forms described in subsection (a) of this section available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration programs." My emphasis added.]
And it is worth taking a trip down memory lane to remember that the first time the EAC seemed to divide on party lines (when there actually were EAC Commissioners) was over whether the federal form should be amended to allow for Arizona’s citizenship requirements.
“No election commissioners? No problem.”
Al Kamen: “Wait, isn’t this an election year? The kind that will see voters stepping into booths and casting ballots, pulling levers and punching buttons? Bad timing then for the Election Assistance Commission to be completely leaderless. It’s the body that was created in the wake of the 2000 presidential election’s hanging-chad debacle and tasked with overseeing federal election standards.”
This is a theme of mine in The Voting Wars. The EAC: what a lost opportunity.
“NASED/NASS Resolutions Request EAC Acting Director to Reconsider Suspension of EAC Advisory Boards”
This item appears in the latest edition of the indispensable (print-only) Election Administration Reports. “The state election directors…adopted a two-page resolution (2012-1) asking the EAC to allow the important work of the boards to cintinue unimpeded. On January 31, the National Association of Secretaries of State adopted an almost identical statute.”
It is an interesting position of NASS to take, to say the least, given that NASS has from day one passed resolutions urging for the EAC to be disbanded. The current EAC has no commissioners, and you’d think that’s something NASS would celebrate.
Much more on this turf war coming in The Voting Wars.
UPDATE: Doug Chapin responds, seeing less hypocrisy than I do here.
“Not Dead Yet: President’s FY13 Budget Has (Reduced) Funds for EAC”
A ChapinBlog.
EAC Crippled
Following up on this post (and this picture), must-read news in the world of election administration from Doug Chapin: “Last week, the Acting Executive Director and General Counsel of the U.S. Election Assistance Commission issued a memo directing the EAC’s 37-member Board of Advisors and 110-member Standards Board to cease all official activities. The two boards, created as part of the Help America Vote Act of 2002, have wide-ranging responsibilities and – in the wake of the resignations of the remaining Commissioners due in part to the growing partisan battle over the EAC’s future in Congress – had been the most active in carrying out the duties of the agency.”
What Can the EAC Do Without a Quorum of Commisioners?
The EAC blog explains.
How Will the EAC Operate with No Commissioners?
An EAC spokesperson, Jeannie Layson, tells BNA “that EAC staff would continue to operate the small agency even without any commissioners. The four-member commission has not had a quorum of commissioners to vote on actions for over a year, she noted. “We’ll continue certifying voting equipment, notifying the public about voting system performance and gathering and sharing best practices in elections under the national clearinghouse,’ Layson said.”
Really? Is there any precedent for staff having authority to operate an agency which has no commissioners?
“Forgotten But Not Yet Gone: Is This the End of the EAC?”
Doug Chapin’s pre-obituary: “The current move to eliminate the EAC stems from frustration that the agency didn’t turn out the way Congress wanted; however, I think it’s fair to say that the EAC is exactly the agency that Congress designed. That’s worth remembering as we discuss what did (and didn’t) happen at the EAC and what will happen if and when it’s gone.” Indeed.
Just How Irrelevant is the EAC? Apparently Its GOP Commissioners Have Resigned
“House Votes to End Presidential Campaign Fund”
Roll Call:” The House voted today to end taxpayer financing of presidential elections. In a 235-190 vote, the House approved a measure to terminate the Presidential Election Campaign Fund and shut down the Election Assistance Commission, a national clearinghouse on the mechanics of voting. Senate Majority Leader Harry Reid (D-Nev.) said the bill has no chance in the Senate, harshly criticizing House Republicans for advancing it.”
“The GOP’s War on Voting Comes to Washington; House Republicans want to kill the federal agency charged with making sure voting machines work.”
Mother Jones reports.
“Reform Groups Urge Representatives to Vote No Tomorrow on H.R. 3463 to Repeal the Presidential Public Financing System and Terminate the Election Assistance Commission”
See this press release.
“House to Take Up New Bill to Repeal Presidential Campaign Funding, EAC”
BNA: “The House is set to take up new legislation the week of Nov. 28 that would seek cuts in federal spending by repealing the 35-year-old federal law providing public funding for presidential campaigns and eliminating the Election Assistance Commission. The new measure (H.R. 3463) is sponsored by Rep. Gregg Harper (R-Miss.) and is set for consideration in the House Rules Committee on Nov. 29. House GOP leaders announced they plan to bring the bill to the floor as soon as Dec. 1.”
“Fate of Election Assistance Commission Hangs in the Balance”
That’s the lead story in this week’s Electionline Weekly.
“House Votes Not to Confer More Power on Feckless FEC”
This item appears on the CLC Blog.
Senate Rules Committee Sets Hearing on EAC Nominations
Details here.
More Good News
House rejects bill to terminate the U.S. Election Assistance Commission.
“It’s time for the Election Assistance Commission to go”
Rep. Gregg Harper blogs.

