I’ve chronicled how the 2015 “Cromnibus” bill appears to have contributed to a sharp increase in spending on election litigation. The bill allowed additional contributions to “election recounts and contests and other legal proceedings,” above and beyond individual candidate campaign… Continue reading
The “materiality” provision of the Civil Rights Act of 1964 is as follows:
No person acting under color of law shall . . . deny the right of any individual to vote in any election because of an error or… Continue reading
Earlier this month, I highlighted the confusion around the jurisdictional issue in Moore v. Harper now that the North Carolina Supreme Court granted rehearing in Harper II and is reconsidering the holding in Harper I (i.e., the case the Court… Continue reading
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