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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: residency
“San Gabriel political leaders to voice opposition to Chin Ho Liao hearing”
Pasadena Star-News: “SAN GABRIEL– Local and state political leaders will come together Friday to publicly oppose the City Council’s decision to hold an administrative hearing last week to determine whether Councilman-elect Chin Ho Liao meets residency requirements to serve on the council. Congresswoman Judy Chu, D-Pasadena, Assemblyman Ed Chau, D-Alhambra, State Sen. Ed Hernandez, D-West Covina, and former State Assemblyman and Los Angeles Community College Trustee-Elect Mike Eng will attend a press conference Friday at 11 a.m. The event is organized by the newly formed Coalition to Save San Gabriel, which a Facebook page says is comprised of concerned residents. The coalition also has begun to circulate a petition to seat Liao.”
Richard Winger Agrees: Despite AP Story, Ashley Judd Can Run for U.S. Senator in Kentucky Regardless of State Law
“Scott Brown questions Edward Markey’s state residency in jab at possible opponent”
“Domicile Donnybrook: New Hampshire Goes to Court Over Student Voting Law”
“Judge expects to rule today on voter residency law”
The latest from NH.
“Lawmakers Children Still Vote for Him Despite Moving Away”
Political Wire: “Three of powerful New York Assembly Speaker Sheldon Silver’s (D) adult children ‘remained registered to vote in their father’s Lower East Side district long after moving out,’ the New York Post reports.”
Suit Filed Against NH Voter Registration Form’s Residency Affirmation Requirement
You can read the complaint here.
“Mitt Romney’s tax returns: the ‘voter fraud’ theory”
The Guardian reports with the subhead: “There has been much speculation about why Romney refuses to disclose earlier tax returns. Could it be as simple as an address?”
Interesting NJ Federal Court Opinion on Candidates’ Durational Residency
In a 2001 decision in Robinson v. Bartels, a NJ federal court invalidated New Jersey’s one-year durational residency requirement for state legislative candidates following a redistricting cycle, on federal constitutional grounds. Earlier this year, the NJ State Supreme Court disagreed, and enjoined a winning state legislative candidate from taking office. Last week, the federal court revisited the issue, affirming the original decision (invalidating the requirement and enjoining its enforcement). (h/t Flavio Komuves).
On top of the discussion of the federal constitutional issues at the conjunction of redistricting and durational residency requirements, the opinion has an interesting discussion of the effect of a federal injunction on state officials. A similar issue (arising out of a consent decree) came up in Ohio earlier this year.
“Supreme Court upholds traditional candidate filing procedure”
STLToday: “The Missouri Supreme Court today ruled that candidates for state legislative seats in redistricting years don’t have to live in the newly-redrawn districts. In unanimous rulings, the high court said two St. Louis area candidates whose qualifications were challenged can be on the Aug. 7 primary ballot after all.”
“Fun With Domicile (cont.): The Case of the Red Pickup Truck”
How is Oregon Like Tennessee?
Oregon Live: “The state gave Duyck until July 18 to withdraw his candidacy after concluding that while most of his property was in District 29, his house was in District 26. Although the state had certified Duyck’s candidacy through the May primary, the state ruled this month that his residency in another district made him ineligible to hold the office.”
A similar Tennessee story is here.
Unusual Tennessee Candidate Residency Problem
Candidate cannot run for state House seat. Why? “Breeding’s petition to run in the Democrat primary was questioned when a Knox County Election Commission worker discovered that a KGIS map shows part of her residential property, including her house, lies in Anderson County. Her driveway and mailbox are in Knox County.”
Really?
Election Board Votes 2-1 on Party Lines that Sen. Lugar Not Eligible to Vote in Indiana Election
Wow. This reminds me of claims against Rahm Emanuel. How do we expect people serving our government and its people in Washington to do so if they can lose their residency back home. (h/t Aaron Blake)
“State pursues voter fraud charges against Woodlands residents who registered to motel”
Texas Watchdog: “The case of eight Woodlands residents who sought to use a residency loophole in the state’s election law to gain representation in a utility district election in 2010 will go before a grand jury on Thursday in Montgomery County as the state pursues criminal voter fraud charges…Because they didn’t live in the 2,400-acre district, they checked into a Residence Inn that was within its boundaries, claiming residency there. Three of their confederates placed their names on the ballot, and, thanks to the “new” residents, they ousted three incumbents who had fostered the district, which has the power to tax and issue debt….The AG’s office has pursued criminal voter fraud charges over the past several years as part of Attorney General Greg Abbott’s crusade against the practice. Texas Watchdog has documented mail-in ballot fraud – a practice widespread in poorer, South Texas communities. Lawmakers have refused to address that issue, focusing instead on voter ID for in-person balloting.”
California Appellate Court Says Courts are Without Jurisdiction to Judge Challenges to Qualifications of Legislative Candidates
I expect we will hear more about this decision in Fuller v. Bowen. It could end up before the state Supreme Court.
“AG: Lugar’s Indiana Residency Proper”
See here. Meanwhile, SOS White faces sentencing.
“White Skips Eligibility Hearing Judge To Rule Within Month On Secretary Of State’s Case”
News from Indiana. “‘As an attorney, I would not have the courage or the chutzpah not to show up in a court proceeding that I was on record as representing a party,’ said William Groth, an attorney representing the Democratic Party.”
“Lawyers now can laugh over bid to knock Rahm off ballot”
The Chicago Sun-Times reports.
Pot Calling Kettle Black Dept.
Indiana SOS Charlie White, himself being prosecuted for voter fraud for voting somewhere other than his residence, files criminal complaint against Evan Bayh and his wife. Political motivations?
Carl Lewis is Out
No surprise here, as he was out of viable legal options.
Third Circuit, on Rehearing, Keeps Carl Lewis Off the Ballot–And He’s Likely to Stay There
Howard has the details. Thanks to a loyal reader for the pointer. What explains the about face by the third circuit, which just a few days ago issued an order keeping Lewis on the ballot? It seemed to be the fact that Lewis voted in CA as late as 2009, and Lewis’s failure to show (1) he was treated worse than other candidates in New Jersey whose residency was challenged under this statute and (2) his failure to show that the residency requirement, at least as applied to him, violated any fundamental right to be a candidate in this election.
I am skeptical Lewis will do better if he attempts to go en banc or to the Supreme Court.
“N.J. judicial panel again considers whether Carl Lewis can run for state Senate”
NJ.com reports.
“Can a person be a citizen of two states?”
The Carl Lewis court will hear arguments on this and other questions tomorrow morning in an unusual rehearing.
Three Judge Panel to Rehear Carl Lewis Case Tomorrow
Richard Winger reports.
“It’s Not Just Who You Are, It’s Where You Live: Domicile and the Elections Stained Glass Window”
Doug Chapin muses.
Breaking News: 3d Circuit on 2-1 Vote Orders Carl Lewis Back on Ballot
Story here (via Byron Tau). Here is the order:
The judgment of the District Court, entered September 7, 2011, is hereby reversed. The District Court, inter alia, incorrectly applied a rational basis standard of review of this as-applied challenge, rather than the stricter compelling state interest standard. See Wellford v. Battaglia, 343 F.Supp. 143 (D. Del. 1972), aff’d,485 F.2d 1151 (3d Cir. 1973). The State has failed to demonstrate a compelling state interest in the application of this durational residency requirement to this particular candidate. Accordingly, it is hereby ordered that the ballots at issue in this appeal include the name of Appellant. Opinion of the Court to follow.
By the Court,
/s/ Thomas L. Ambro
Circuit Judge
* Judge Scirica dissents.
Dated: September 13, 2011
MORE: Analysis from Richard Winger
“California push to change candidate residency laws scrapped”
Here.
“Carl Lewis Can’t Appear on New Jersey State Senate Ballot, Official Says”
Bloomberg reports.
“Fishers council president Scott Faultless says he won’t resign in residency flap”
If he’s Faultless, why should he resign?
California Court of Appeal Decides Legislator Residency Case; Notes “Off Pink” Bedding in Legislator’s Purported Residence
See here.
Fourth Circuit Decides and Remands Herbert Lux Case to Consider Whether Virginia Residency Rules are Constitutional in Light of Supreme Court Authority
You can read the opinion here (h/t Paul Prado).
