“Black man who says he was elected mayor of Alabama town alleges that White leaders are keeping him from position”

July 24, 2023, 5:50 amUncategorizedDan Tokaji

CBS News, on a civil rights complaint with some pretty shocking allegations: Patrick Braxton, 57, is one of several plaintiffs named in Braxton et al v. Stokes et al. The other plaintiffs — James Ballard, Barbara Patrick, Janice Quarles… Continue reading

“Even as third indictment looms, many Republicans still stand by Trump”

July 24, 2023, 5:34 amDepartment of Justice, election subversion riskDan Tokaji

A not-very-surprising WaPo story from Iowa: “Even with the backdrop of Trump facing another potential indictment over his efforts to overturn the 2020 election, many GOP voters wrote off the former president’s legal challenges as part of a continued liberal… Continue reading

“The fight over Alabama’s congressional redistricting now shifts back to federal court”

July 24, 2023, 5:25 amredistricting, Voting Rights ActDan Tokaji

AP: Alabama lawmakers on Friday approved new district lines six weeks after the surprise U.S. Supreme Court ruling upholding a lower court ruling that the state’s previous map — with one Black-majority district out of seven in a state… Continue reading

“16 States Made It Harder To Vote This Year. But 26 Made It Easier.”

July 24, 2023, 5:21 amThe Voting WarsDan Tokaji

538 rounds up changes in state voting laws so far this year: Two years ago, the biggest battles in state legislatures were over voting rights. Democrats loudly — and sometimes literally — protested as Republicans passed new voting restrictions… Continue reading

“As Inquiries Compound, Justice System Pours Resources Into Scrutinizing Trump”

July 24, 2023, 5:17 amDepartment of Justice, election subversion riskDan Tokaji

NYT on the resources being devoted to investigating the former president, including around $25 million that the office of Special Counsel Jack Smith is on track to spend this year: “These efforts, taken as a whole, do not appear to… Continue reading

“GOP Splits Over Jan. 6 Deepen as Trump Indictment Looms”

July 24, 2023, 5:11 amDepartment of Justice, election subversion risk, UncategorizedDan Tokaji

WSJ: “The former president and many of his allies have played down the riot and boosted support for those who stormed the Capitol. A smaller wing of the party has strongly criticized Trump and the rioters. In between… Continue reading

Now Available: Jacob Eisler’s “The Law of Freedom: The Supreme Court and Democracy”

July 24, 2023, 5:06 amelection law biz, Supreme CourtDan Tokaji

Jacob Eisler’s new book is out today. Here’s the description: The Supreme Court has been at the center of great upheavals in American democracy across the last seventy years. From the end of Jim Crow to the rise of wealth-dominated… Continue reading

Opting Out of California’s New Ballot Transparency Law

July 24, 2023, 4:54 amdirect democracyDan Tokaji

Marin Independent Journal reports: AB 1416, which became effective in January, requires that the supporters and opponents of statewide and local measures be listed on ballots. However, the law allows counties to opt out of participating. On Tuesday, Marin County… Continue reading

“Unpacking the ‘Surprise’ Crime in DOJ’s Target Letter to Trump”

July 24, 2023, 4:50 amDepartment of Justice, election subversion riskDan Tokaji

Norman Eisen, Ryan Goodman, and Joshua Kolb in Just Security: On Tuesday the world learned that the Department of Justice had served Donald Trump with a target letter for crimes related to January 6th. On Wednesday, reporting by The … Continue reading

“Tennessee tightens voting rights restoration for felons: a step forward or suppression tactic?”

July 23, 2023, 6:07 amfelon votingDan Tokaji

AP: Tennessee has begun requiring felons who want their voting rights back to first get their full citizenship rights restored by a judge or show they were pardoned. Election officials say the step is required after a June court… Continue reading

“National Democrats file absentee ballot lawsuit in Wisconsin ahead of state Supreme Court flip”

July 23, 2023, 5:56 amabsentee ballotsDan Tokaji

AP: A new lawsuit filed in Wisconsin by a national Democratic law firm seeks to once again allow voters to return absentee ballots in drop boxes, a practice that was barred by the state Supreme Court last year following… Continue reading

Strong Early Voting on Ohio’s Issue 1

July 23, 2023, 5:53 amabsentee ballots, direct democracyDan Tokaji

WKYC: As the August 8 special election for Issue 1 in Ohio approaches, many voters are taking advantage of early voting. According to Ohio Secretary of State Frank LaRose, as of Wednesday, 155,000 absentee ballots have been cast so… Continue reading

Thomas Keck, “Free Speech in an Age of Democratic Backsliding”

July 23, 2023, 5:45 amcheap speechDan Tokaji

Here’s the abstract of the paper available on SSRN: “This review essay draws on recent books by Richard L. Hasen and Jacob Mchangama to reflect on the difficult tradeoffs faced by civil liberties advocates in the context of democratic… Continue reading

“Before Jan. 6, Mark Meadows joked about Trump’s election claims”

July 22, 2023, 6:03 amelection subversion riskDan Tokaji

WaPo: “Mark Meadows joked about the baseless claim that large numbers of votes were fraudulently cast in the names of dead people in the days before the then-White House chief of staff participated in a phone call in which… Continue reading