I’ve been a bit surprised, and disappointed, around the actions, and the coverage, about the Electronic Registration Information Center (“ERIC”) in recent weeks, but I have (perhaps, typically?) some different thoughts about the direction and the challenges.
I’m pleased to share this draft now up on SSRN. Comments welcome! The piece is called “Election Subversion and the Writ of Mandamus.” Here’s the abstract:
Election subversion threatens democratic self-governance. Recently, we have seen election officials try to… Continue reading
I failed to blog about this opinion that was released last fall (in October), Simpson v. Hutchinson. A three-judge district court issued the decision, Circuit Judge Stras, joined by District Judges Marshall and Moody. The court dismissed the complaint… Continue reading
Judge Graber, joined by Judges Gould and Watford, in No on E, San Franciscans Opposing the Affordable Housing Production Act v. Chiu, in a Ninth Circuit opinion released today (highlights with some revisions below–there’s lots more in the opinion but… Continue reading
Rick H. links to the Supreme Court’s order in Moore v. Harper requesting more briefing. According to the Supreme Court’s docket, no party has raised the fact of the rehearing scheduled in the North Carolina Supreme Court, which has… Continue reading
In the fall of 2022, the District of Columbia enacted a law that permitted residents who were not United States citizens to vote in local elections. Local voting opportunities for non-citizens have been the source of some recent expansion and … Continue reading
An opinion in WinRed Inc. v. Ellison written by Judge Benton, joined by Chief Judge Smith (with some excerpts, below, lightly edited). (Judge Shepherd, “writing separately,” argues the case is not ripe for review and the court lacks jurisdiction.)
I appreciate Rick H.’s perspective on the issue of potential mootness in Moore v. Harper. Indeed, I think if the North Carolina Supreme Court reverses its partisan gerrymandering decision, it’s hard to think that even a malleable doctrine like “capable… Continue reading
An Eighth Circuit panel recently heard oral argument (MP3) in Arkansas State Conference NAACP vs. Arkansas Board of Apportionment. It’s an appeal from a district court decision concluding that private parties may not sue under Section 2 of… Continue reading
I’m thrilled to share the details about this new project from the ALI:
The American Law Institute’s Council voted today to approve the launch of a Restatement of the Law project on Election Litigation. The project will be led… Continue reading
The new Electoral Count Reform Act will have an effect on state election laws in presidential elections. The timing mechanisms have changed, and rules now expressly invite state legislatures to make explicit choices before Election Day. And states should be… Continue reading
Details about Representative-Elect George Santos’s biography have emerged, suggesting that the New York Republican has been, shall we say, less than truthful about his background. As the New York Post puts it, “Liar Rep.-elect George Santos admits fabricating key details… Continue reading