Category Archives: Uncategorized
The Speakership Saga and the Need for Nonpartisan Primaries
For those of us concerned about the capacity of Congress to function on behalf of the American people, we should be glad that the House of Representatives finally has a new Speaker three weeks (and a day) after Kevin McCarthy… Continue reading
ACLU, in Amicus Brief Filed in DC Circuit, Says the Use of the Word “Target” is Unconstitutionally Vague in Trump Gag Order in Federal Election Subversion Case
Here’s the brief.
This was an issue I flagged in my recent conversation with Genevieve Lakier and Eugene Volokh.
The Uncertainty of “Contingent Election” Procedures
Rick linked earlier today to a new analysis of the risk that a No Labels presidential ticket could cause no candidate to win a majority of electoral votes, triggering the Twelfth Amendment’s antiquated “contingent election” procedure (last used in 1824).… Continue reading
Why Are Republicans in Michigan Raising a Discredited Version of the Independent State Legislature Theory in New Litigation?
Marc Elias has a theory:
One possibility is simply bad legal strategy. Republicans and their attorneys regularly make litigation decisions that defy common sense and at least some of the attorneys in this case have a history of bringing meritless… Continue reading
“Combating Misinformation Through Electoral Reform”
New from R Street:
In the past several years, various states across the country have experienced delays in reporting their election results. These delays have been especially scrutinized in slow-counting jurisdictions when the window of time between the polls closing… Continue reading
Trump Bizarrely Tells Rallygoers: “Don’t Worry About Voting. We’ve Got Plenty of Votes”
“With another election cycle underway, officials aim to quell fears of voter fraud, rigging”
USA Today:
Ahead of another election cycle that is already shaping up to be contentious, federal and state election officials are in the midst of campaigns of their own to convince wary voters about the integrity of casting their ballots.… Continue reading
Thanks to Tabatha Abu el-Haj…
for being primary ELB blogger last week!
Resurfacing–Mississippi and LA organizing stories
The 24-hour news cycle is brutal even on the Election Law Blog, so I want to use the relative quiet of the weekend to re-surface those articles that I “highly recommend”–to borrow Larry Solum’s phrase.
“Black Voters Have New Power … Continue reading
“Mainstream Republicans, ‘Squishes’ No More, Dig In Against Jordan”
This is a must read from N.Y. Times. It reports on the personal insecurity that those who have opposed Jim Jordan are now facing in terms of threats, menacing calls, and emails. It is the election administrators’ experience all over… Continue reading
Trump Temporarily Un-gaged
AP reports that U.S. District Judge Tanya Chutkan agreed to temporarily lift the gag order to give “Trump’s lawyers time to prove why the former president’s comments should not be restricted as the case heads toward trial.” They presumably will… Continue reading
“Republican states swore off a voting tool. Now they’re scrambling to recreate it”
NPR: Misinformation about a bipartisan, cross-state partnership known as the Electronic Registration Information Center, or ERIC, pushed several Republican legislatures to back out of it in recent months. But now, these same legislatures are scrambling to create systems to… Continue reading
D.C. Circuit, on 2-1 Vote, Upholds Conviction of Jan. 6 Attacker on Grounds He Acted “Corruptly” in Obstructing Proceedings; Implications for Trump Prosecution
You can find the majority opinion (by two Democratic-appointed judge) and the dissent (by a Republican-appointed judge) at this link.
To oversimplify things a bit, the majority defined “corruptly” to include acting unlawfully. The dissenter viewed the term as… Continue reading