All posts by Rick Hasen

Divided Ninth Circuit Rejects Constitutional Challenge to Federal Law that Requires Hawaii to Allow Former Residents Who Move to CNMI to Vote, But Not Those Who Move to Other U.S. Territories Including Guam, Just 37 Miles from CNMI

voting
The majority applied rational basis review; the dissenter would have applied Anderson-Burdick balancing and remanded. The majority expressed concern about the lack of voting rights of those who live in U.S. territories but said litigation was the wrong way to… Continue reading

Pennsylvania Court, on 4-1 Vote, Holds That Failing to Count Timely But Undated (or Misdated) Mail-In Ballots Violates the State Constitution; Case Likely Headed to State Supreme Court and Potentially SCOTUS on Federal Cases

absentee ballots, legislation and legislatures
This decision could be a very big deal in the case of a very close election. And because this is a ruling that the state constitution trumps a state statute when it comes to voting, there will be an issue… Continue reading