My First Post at Just Security: “Will the Supreme Court’s Understanding of the First Amendment Thwart Laws Aimed at Limiting Foreign Influence in U.S. Elections?”

I have written this post for Just Security, which is the second in their series on potential legal gaps exposed by events related to the 2016 election. It begins: By now everyone is familiar with attempts by the Russian government and others … Continue reading

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Eighth Circuit, Citing Purcell Principle About Not Changing Election Rules Close to Elections, Rejects North Dakota’s Attempt to Revive Voter ID Law for Now

Order: The State of North Dakota moves to stay the district court’s injunction of April 3, 2018, concerning certain subsections of the North Dakota elections statute, N.D.C.C. § 16.1-01- 04.1. Based primarily on the imminent primary election date of June … Continue reading

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Common Cause Wins Preliminary Injunction Against Indiana Voter Purge Program Based on Kobach-Led Cross-Check Program

From the court’s decision preliminarily enjoining Indiana’s purge system as violating the NVRA: Regarding the likelihood of success on the merits, the Court determines that Common Cause has a high likelihood of success on the merits of its claim that … Continue reading

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Federal Court Rejects DNC Voting Rights Act Challenge to Arizona Rules About Counting Ballots Cast in Wrong Precinct, Prohibiting Most Collection of Absentee Ballots

You can find the 83-page opinion at this link. Near the end of the opinion, the court rejects treating race as party proxy argument: Based on the totality of the circumstances, Plaintiffs have not shown that the legislature enacted H.B. … Continue reading

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Breaking and Analysis: Divided 5th Circuit Rejects Latest Challenge to Texas’s Voter ID Law, But Prospect for Further Litigation Remains

You can find a majority opinion by Judge Jones, concurring opinion by Judge Higginbotham, and dissenting opinion by Judge Graves in Veasey v. Abbott at this link. In what I consider to be a fundamentally disingenuous analysis by 5th Circuit … Continue reading

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“Georgia Republicans are trying to eliminate Sunday voting to suppress black turnout”

Kira Lerner: Georgia Republicans are advancing a bill through the state legislature that would suppress African-American turnout by eliminating Sunday voting and cutting the hours that polls are open in Atlanta. The bill, SB 363, would force polls in the majority African American … Continue reading

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In Strange, Unanimous Unpublished Opinion, 11th Circuit Revives Common Cause’s Voter Purge Case Against Georgia

The district court had dismissed Common Cause’s claim that Georgia’s voter purge law violated the NVRA and the First Amendment. Today, the Eleventh Circuit, in a brief, unpublished opinion, sent the case back and told the trial court to reconsider … Continue reading

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Released Emails Show Coordination Between DOJ and Pence-Kobach Fraud Commission over Voter Fraud Allegations, with Communications Between John Gore and EAC’s Christy McCormick

TPM: The chair of the Republican Party in Chicago last year passed on allegations of voter fraud to a member of President Trump’s now-defunct voter fraud commission, using a top Justice Department official as intermediary, newly released emails reveal. The emails, … Continue reading

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