An astute reader of yesterday’s essay has asked me to clarify one detail: what should Democrats in Congress do if the kind of statute I propose is not enacted and, further, there is no indictment of Trump under 18 U.S. … Continue reading

Here. Main takeaway: red states and blue states are moving in opposite directions in the regulation of election administration, with red states becoming more restrictive as blue states are becoming more expansive. This could be viewed as a problem, reflecting… Continue reading

Michael Scherer of the Washington Post reports. This is the most concrete evidence so far of Democrats endeavoring to counteract the threat to Biden of a third-party candidacy. (Meanwhile, Cornel West announced that he is pursuing the Green Party… Continue reading

Overnight I’ve received some feedback on my post concerning a potential nightmare scenario on January 6, 2025. One constructive comment concerns the relationship, including differences, between the statutory crime of insurrection in 18 U.S. Code § 2383 and the… Continue reading

Pro Publica with more about the potential implications of Allen v. Milligan. As I noted in my post last night on my fear for January 6, 2025, this kind of analysis provides a basis for considering the possibility that… Continue reading

As strong as the Mar-a-Lago Documents indictment of Donald Trump is, I don’t foresee it eliminating the significant possibility that he will win the Electoral College in 2024 even as he loses the national popular vote. To be sure, Trump… Continue reading

Sam Wang, director of the Electoral Innovations Lab and professor at Princeton, has a new podcast Democracy Reform Meets Science. The inaugural episode, on which he is joined by Bernie Grofman and Jonathan Cervas, discusses Allen v. Milligan. I… Continue reading

The Arizona Republic on internal text messages showing the partisan bias and operational incompetence of the Cyber Ninjas travesty as it happened.

POLITICO examines all the uncertainties still surrounding the presidential primary calendar. Despite the headline, it’s not just Iowa that’s unsettled, but other states as well.

Brennan Center analysis. I share the concern about disinformation, including the capacity for AI to produce more effective deceptions. But I also continue to believe, as I wrote in 2020, that it is essential to maintain a clear distinction… Continue reading

POLITICO has an interesting and potentially significant report on the criteria and methodology No Labels will use in deciding whether or not to back a third-party presidential candidacy. No Labels claims it will field its own presidential ticket only if… Continue reading

Columbus Dispatch. Similar story in Washington Post. The fight over the August special election to change Ohio’s direct democracy procedures for amending the state’s constitution, including raising the threshold for adoption from a majority to a 60% supermajority, is… Continue reading

Page proofs are now available, and posted on SSRN, for my article proposing an alternative districting system in which voters choose the constituencies they wish to join for purposes of legislative representation, rather than having government officials draw the… Continue reading

Bertrall Ross’s essay is published in Southwestern Law Review (vol. 50, page 509) and also available on SSRN. Here’s the abstract: In Common Cause v. Rucho, the Supreme Court initiated an era of redistricting without restraint. The Court opened… Continue reading