Very helpful and detailed analysis by Bloomberg of the shape of litigation today.
My anecdotal sense so far is that while the volume is high, the substantive significance and chances of success of many of the late filed suits is… Continue reading
Welcome to Season 6, Episode 2 of the ELB Podcast:
Why do we have the Electoral College and is its use justified today?
Why do Democrats and Republicans think differently about the Electoral College?
Does the Electoral College make it… Continue reading
The controversial 2-1 decision is here.
The en banc order wiping this out and setting it for briefing and oral argument is here.
More background and documents from the FEC.
AJC:
A judge voiced skepticism Tuesday of a last-minute requirement for a hand count of the number of ballots on election night, suggesting it might be better to ensure “nonchaotic, stable, predictable, fair and transparent” elections.
Fulton County Superior Court… Continue reading
Quite the flaying (fileting?) from Anush Khardori of Politico Magazine:
It does not take long — the first chapter — before Gorsuch misleads the reader in Over Ruled.
He is discussing the case of John Yates, a commercial fisherman who… Continue reading
NBC News:
Multiple Republican lawyers in Arizona say they and others who were involved in the party’s election litigation efforts in past cycles are keeping their distance this time around, in large part because of Senate candidate Kari Lake’s history… Continue reading
NYT:
Donald J. Trump’s political operation has been taking extraordinary measures in a bid to stay financially competitive with Vice President Kamala Harris, deploying aggressive and creative accounting strategies that test the legal limits of how far a candidate can… Continue reading
You can find Judge Ho’s opinion, and Judge Ramirez’s concurrence, at this link. Although the law is titled as against “vote harvesting” it seems a pretty clear violation of the First Amendment.
The fact that the court relied on… Continue reading
Ryan Reilly and Jane Timm deep dive for NBC:
How this will play out on Election Day is unknown. But an NBC News investigation can now report the extent of the Republican Party and Trump campaign’s involvement in the TCF… Continue reading
AJC:
Certifying elections is a required duty of county election boards in Georgia, and they’re not allowed to refuse finalizing results based on suspicions of miscounts or fraud, a Fulton County judge ruled Tuesday.
Superior Court Judge Robert McBurney rejected… Continue reading
WaPo:
Republican lawsuits in Pennsylvania, Michigan and North Carolina challenging the legitimacy of overseas ballots have prompted a backlash among military personnel, their spouses, veterans and elected officials.
Scores of veterans and active-duty members of the armed forces have posted… Continue reading
NYT:
A group of Republican donors and operatives has been the hidden hand behind some of this campaign’s most controversial advertisements attacking Kamala Harris and bolstering Donald J. Trump.
Over $100 million was raised and spent over the past four… Continue reading