On Wednesday, the National Constitution Center is hosting a webinar as part of its Guardrails of Democracy project. The specific topic is “Election 2022: Are We Ready?” David French, Ilya Somin, and I will be participating on behalf of the … Continue reading

Now available on the Election Law at Ohio State website. Well worth watching for those unavailable to see it live. Among the many interesting and informative points discussed by the panel was the fact that the candidate who won the… Continue reading

Election Law at Ohio State is hosting this webinar, with registration at this link: Alaska’s First Ranked Choice Voting Election Monday, September 121:30 – 2:30 p.m. (ET)Zoom Alaska’s special election on August 16 to fill the US House seat… Continue reading

As a follow-up to yesterday’s post about Henry Olsen’s column on the potential effects of Alaska’s new electoral system (and how it can help non-MAGA Republicans like Lisa Murkowski), there’s new reporting on how dissatisfied Senator Mitch McConnell is with… Continue reading

I hope Mitch McConnell and other GOP Senators read Henry Olsen’s new Washington Post column. As regular readers of his columns know, Olsen is no RINO. (See, for example, his GOP-promoting column of August 15.) What’s distinctive and… Continue reading

Steven Bradbury, who headed OLC during President George W. Bush’s second term and served as General Counsel of the Department of Transportation in the Trump administration, has written on Substack an extensive analysis of constitutional and statutory issues relating to… Continue reading

Echoing Aaron Blake’s analysis in the Washington Post, which I blogged about yesterday, Amy Walter, Jessica Taylor, and Dave Wasserman, all of the Cook Political Report with Amy Walter, jointly highlight the importance of the difference in electoral… Continue reading

As Rick Pildes observed a few days ago, Alaska’s at-large House seat may show the significance of using different versions of ranked-choice voting. Now that we have some preliminary returns in both the special election and the first round of… Continue reading

Aaron Blake for The Washington Post, contemplating Lisa Murkowski’s potential survival against her Trump-backed challenger because of Alaska’s new Top Four with RCV system, observes that the only two House Republicans who voted for Trump’s impeachment to survive did… Continue reading

The bipartisan Electoral Count Reform Act has no “fatal flaw,” as some incorrectly argue. Rather, the Senate bill is well-designed to suit its essential purpose of requiring ballots cast in presidential elections be counted according to the rules established… Continue reading

My article, part of the AALS conference on Rebuilding Democracy and the Rule of Law, is now published. Here’s the abstract: Congress should enact a law requiring a candidate for a seat in Congress to receive a majority… Continue reading

Last week, the Bipartisan Policy Center hosted a Twitter Space discussion of the new bipartisan Senate proposed Electoral Count Reform Act. Lisa Desjardins of PBS moderated the conversation, and I participated along with Kevin Kosar of AEI and Michael Thorning… Continue reading

Bob Bauer and Jack Goldsmith, at Lawfare, have a comprehensive, organized, and point-by-point response to various critiques of the bipartisan Senate ECA reform bill that have emerged since the bill was introduced on Wednesday. Anyone interested in this topic… Continue reading

N.Y. Times deep dive into the Georgia criminal investigation includes this on the alternate electors dimension of the probe: ‘In a legal filing, the electors’ lawyers likened their clients’ actions to those of electors in Hawaii during the 1960 presidential… Continue reading