Sam Issacharoff and I have posted on SSRN this new essay. Here’s the abstract: Democracies grapple with the tension between the principle of majority rule and ensuring respect for the interest of political minorities, however those might be defined… Continue reading

Philadelphia Inquirer: Republicans are taking the fight over undated Pennsylvania mail ballots straight to the state’s high court, and they’re not waiting until Election Day to do it.A coalition of GOP groups, including the Republican National Committee and the state… Continue reading

New report from BPC.

NYT: The episode is one of many warning signs that has election officials on alert as voting begins for midterm elections, the biggest test of the American election system since Mr. Trump’s lies about the 2020 results launched an assault… Continue reading

AP: Georgia is one of several states where voters will face new hurdles to casting a ballot during the November election under laws passed by Republican-led legislatures following former President Donald Trump’s false claims that voter fraud cost him reelection… Continue reading

Gallup: With the midterm elections less than a month away, large majorities of Americans favor three measures meant to make voting easier: early voting (78% in favor), automatic voter registration (65%) and sending absentee ballots to all eligible voters (60%).Majorities… Continue reading

Ciara Torres-Spelliscy in the University of Illinois Law Review. Abstract: This piece will argue that the Roberts Supreme Court’s protection of lying and its choice to fence government speech as outside of First Amendment analysis have created a perfect storm… Continue reading

WaPo: Gov. Ron DeSantis is making it easier for voters to cast ballots in three southwestern Florida counties that were hit hard by Hurricane Ian and are bastions for GOP support, sparking criticism that he is “politicizing a natural disaster.”More… Continue reading

Eric Geller for Politico: There’s a largely overlooked hacking target that could help those who want to sow doubt about vote tallies in the November midterms: cellular modems that transmit unofficial election-night results.The modems, which send vote data from precincts… Continue reading

NYT Interactive: They include candidates for the U.S. House and Senate, and the state offices of governor, secretary of state and attorney general — many with clear shots to victory, and some without a chance. They are united by at… Continue reading

NYT: The House committee investigating the Jan. 6 attack on the Capitol voted on Thursday to subpoena former President Donald J. Trump as it presented a sweeping summation of its case placing him at the center of a calculated, multipart… Continue reading

Last Friday, the University of New Hampshire Law Review held a symposium on “Contemporary Issues in Election Law.” Among those making presentations were Andrew Appel, Jonathan Cervas, Joel Goldstein, Gene Mazo, Derek Muller, Sam Wang, FEC Commissioner Ellen Weintraub,… Continue reading

Reuters: As the United States enters the final stretch to November’s midterm elections, Reuters documented multiple incidents of intimidation involving an expanding army of election observers, many of them recruited by prominent Republican Party figures and activists echoing Trump’s false… Continue reading

Great conversation, and even better book! Thanks to JUDJ for facilitating the conversation. Watch: