All posts by Dan Tokaji

A Right to Vote for President?

July 11, 2024, 4:03 pmConstitutional Right to VoteDan Tokaji

Charlie Martel argues, contra Bush v. Gore, that the Constitution confers one in this Balls & Strikes essay: The argument for a constitutional right to vote for president is simple. There are five amendments in the Constitution protecting the… Continue reading

“Georgia election proposal would add new rule before certification”

July 11, 2024, 3:58 pmelection subversion riskDan Tokaji

From Atlanta Journal-Constitution, news of troubling developments for those concerned about election subversion: Local election board members across Georgia would be entitled to review vast troves of documents before they certify this fall’s presidential election under a rule proposal… Continue reading

Utah Supreme Court Rules for League of Women Voters in Case to Reinstate Nonpartisan Redistricting Initiative

July 11, 2024, 3:48 pmdirect democracy, redistrictingDan Tokaji

Here’s the opinion in League of Women Voters v. Utah State Legislature (h/t Ballot Access News). A key excerpt: The novel question before us asks: what happens when Utahns use their initiative power to exercise their “right to alter… Continue reading

“No, State Laws Haven’t Locked Biden Onto the Ballot”

July 11, 2024, 3:30 pmballot access, political partiesDan Tokaji

The Atlantic has more on this subject … with the subtitle, “In a few weeks, however, his party’s own rules just might.”

“How late would be too late to replace Biden on the November ballot?”

July 11, 2024, 3:26 pmballot access, political partiesDan Tokaji

Great analysis by Jessica Huseman at Votebeat, digging into the state laws in several key states. A snippet: Other news media so far have amply covered the question of how, under the Democratic Party’s rules, Biden could be replaced before… Continue reading

Happening Today: “Year in Review: Democracy Litigation in SCOTUS and the States”

July 11, 2024, 5:30 amSupreme CourtDan Tokaji

The State Democracy Research Initiative here at University of Wisconsin Law School will be hosting its annual review of democracy litigation in the U.S. and state supreme courts, at 3:00-4:15 CT today. It features Pam Karlan, Derek Muller, Gowri Ramachandran,… Continue reading

“‘The Justices Dropped This Bomb’: Three Legal Experts on a Shocking Supreme Court Term”

July 11, 2024, 5:10 amSupreme CourtDan Tokaji

NYT has this fascinating conversation featuring Kate Shaw, Will Baude, and Steve Vladeck, on Trump v. United States, Trump v. Anderson, and other cases from the term. A highlight from Will: It’s no secret that the Supreme Court trusts… Continue reading

“The NYC mayor fundraised for a New York PAC. Now money is going out of state.”

July 11, 2024, 4:54 amcampaign financeDan Tokaji

Politico: A PAC run by a close ally of Mayor Eric Adams, which raised more than $1 million from people who support him, is making some curious out-of-state expenditures. Al Cockfield’s Striving for a Better New York says on… Continue reading

What’s the Real Biden Decision Deadline?

July 11, 2024, 4:45 amballot access, political partiesDan Tokaji

The Washington Post reports: Should Biden bow out now — before he officially becomes the party’s nominee — legal experts say replacing him on the ballot would be relatively straightforward. The process would become significantly more complex and legally… Continue reading

“How best to prepare for a brokered convention”

July 11, 2024, 4:23 amalternative voting systems, political partiesDan Tokaji

Rob Richie in the Fulcrum, advocating ranked-choice voting and concluding: “Out of crisis comes opportunity. If forced to pick a new nominee, Democrats have real options for doing it well. Looking to 2028 and beyond, parties can adapt lessons… Continue reading

Redistricting Reform in Colorado

July 11, 2024, 4:19 amredistrictingDan Tokaji

From Princeton’s Innovations for Successful Societies, this report by Al Vanderlipp. Here’s the abstract: In Colorado, as in most US states, politicians long controlled the process of drawing federal- and state-level legislative districts and manipulated district boundaries to secure political… Continue reading

Pew Finds Partisan Divide Over Absentee & Early Voting

July 10, 2024, 6:41 pmabsentee ballotsDan Tokaji

A highlight from the Pew survey: Americans are now less likely to support no-excuse early or absentee voting than they were prior to the 2020 election. This is the result of shifting views among Republicans. In 2018, when we… Continue reading

“Former Utah attorney general candidate charged with bribery after allegedly offering job to opponent”

July 10, 2024, 6:33 pmbriberyDan Tokaji

NBC News: Frank Mylar was charged with one count of bribery in elections in connection with soliciting fellow Republican Trent Christensen’s endorsement in exchange for a job in his office if he were elected. A detective in Murray, Utah,… Continue reading

House Approves SAVE Act

July 10, 2024, 6:16 pmvoter registrationDan Tokaji

The Hill: House Republicans and a handful of Democrats on Wednesday approved a bill that seeks to expand proof-of-citizenship requirements to vote in federal elections and impose voter roll purge requirements on states, legislation that has been touted by former President… Continue reading