Former president Jimmy Carter and former Secretary of State (and White House chief of staff) James Baker, in a joint Wall Street Journal op-ed, advocate for Electoral Count Act reform along the lines of what they understand to be… Continue reading

Although technically not slated for publication for another few weeks, it’s possible now to download an electronic copy of More Parties or No Parties: The Politics of Electoral Reform in America, by political scientist Jack Santucci and published by… Continue reading

Greg Sargent of the Washington Post praises what he hopes and expects, based on he hears from two sources, will be in the Senate’s bipartisan Electoral Count Act reform bill. Assuming he’s correct about the bill’s content–he acknowledged that Senator… Continue reading

David Becker’s quote in this story sums up the issue: ‘David Becker, the executive director and founder of the Center for Election Innovation & Research, which works with election officials of both parties to make elections more secure and accessible,… Continue reading

CNN has a very lengthy profile of Bannon’s current podcasting and related efforts, along with recounting the history of Bannon’s rise to prominence, as jury selection begins in Bannon’s contempt trial. This quote from the CNN piece caught my eye:… Continue reading

That’s the question I’m asking as I read stories like this one from Washington Post: “Pence endorses in Arizona governor’s race, putting him at odds with Trump“. Arizona’s GOP gubernatorial primary on August 2 is shaping up to… Continue reading

Las Vegas Sun has a very deep dive on the risk of election denialists becoming Secretaries of State. Prompted specifically by Republican Jim Marchant running for that office in Nevada, the article takes a national as well as state-specific look… Continue reading

POLITICO reports on this “landmark filing” from DOJ, supporting the obligation of Meadows to testify to the House’s January 6 select committee. The filing is well worth reading and reflects the typically high quality of DOJ’s lawyering. There… Continue reading

To follow up on my previous post on this topic, it’s worth considering whether the meaning of the term “legislature” in the relevant Elections and Electors Clauses of Articles I and II should be considered nonjusticiable under the political… Continue reading

Jason Willick has a Washington Post column with which I very much agree. The basic argument is that it’s a mistake, both substantively and strategically, to think of the “independent state legislature doctrine” as an all-or-nothing proposition, without any possibility… Continue reading

Dan linked to Jessica Levinson’s MSNBC’s opinion piece with the unfortunate title How the Supreme Court could make it legal to steal the next presidential election. While there is ample and justified reason to be concerned about how SCOTUS will… Continue reading

I’m honored to be a participant in this new initiative of the National Constitution Center. As its name indicates, the “Restoring the Guardrails of Democracy” project aims to redress the erosion of democratic norms that has occurred recently in the… Continue reading

I’ve written this piece for Just Security. It discusses two features of the effort to have Samuel Tilden prevail in the disputed election of 1876, one from South Carolina and the other from Vermont, both of which lacked any… Continue reading

In a recent essay on the need to revise the Electoral Count Act (as well as in a recent New Yorker interview), I have emphasized the need to focus on the abuse of Article I legislative powers in connection with the… Continue reading