One of the major (but less -well appreciated) accomplishments of the new, bipartisan Electoral Count Reform Act is that it repealed the provision in federal law that permitted state legislatures to appoint electors if the presidential election had “failed” in… Continue reading
Published in the Deseret News:
I was deeply disturbed by former President Donald Trump’s claim, first made within days of the 2020 presidential election, that he had actually won because the results were tainted by massive fraud in the battleground… Continue reading
From Jennifer Rubin at the Wash Post:
No one should underestimate the willingness of felon and former president Donald Trumpto try to overturn the election if he does not prevail. He did it last time. He has already planted… Continue reading
Just finished doing this terrific event earlier today with Dana Remus, Chief Outside Counsel to the Harris-Walz campaign, as well as Ben Ginsberg and Bob Bauer. No recording as of yet of the event.
As we get closer to the election, we will see numerous about various ways partisan actors might try to corrupt the outcome. A recent essay Neal Katyal authored in the New York Times is a good illustration of these anxieties.… Continue reading
As we get closer to the election, a lot of misinformation about the all-important Electoral Count Reform Act (ECRA) is beginning to rear its head. This is the statute that defines Congress’ role when it receives and counts the electoral… Continue reading
As thoughts turn to the Electoral College, I want to mention a point that’s been less discussed about suggestions that states shift to awarding their electors either proportionately to the vote in that state or, as Maine and Nebraska currently… Continue reading
A case out of Montana is going to provide the next test of where the Court stands on the independent state legislature doctrine (ISL). In Moore v. Harper (2023), the Court rejected a more extreme version of the doctrine, but… Continue reading
In the first one to two minutes of this clip, Republican Rep. Donalds lambasts PA for not permitting officials to start processing absentee ballots before Election Day. He notes that his state of Florida, along with Georgia and many others,… Continue reading
I’ve posted this new article at SSRN, which will be forthcoming as part of an election-law Symposium in the University of Illinois Law Review. In a white paper released after this draft was completed, a leading proponent of PR for… Continue reading
From the Detroit News:
Independent presidential candidate Cornel West has been disqualified from the state’s ballot because of problems with the way a required document his campaign submitted was notarized, the Michigan Bureau of Elections announced Friday.
West, a longtime… Continue reading
CNN has a piece raising this issue. In response, Michael Parsons (Senior Legal Fellow at Fair Vote) and David Daley (Senior Fellow, Fair Vote) have written this guest post for ELB:
Maine values its long history of independent politics, electing… Continue reading
From the NYT:
Brad Raffensperger, Georgia’s Republican secretary of state, has been forced to spend half a million dollars defending himself in court for having stood up to former President Donald J. Trump’s efforts to overturn the 2020 election.
The… Continue reading