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

AP reports. Keep an eye on this important story as it develops. Wisconsin is the state most likely to be the one that determines which side reaches 270 in the Electoral College next year, and the administration of the voting… Continue reading

Bolts story on the failure of a bill in the state legislature to criminalize assistance with absentee voting, noting that the bill could be reconsidered in the legislature next year.

David Gans in Slate on Allen v. Milligan as a template for the exercise of Congress’s power to enforce the Fifteenth Amendment more broadly that the Court construes it. I detect some tension between this piece and Rick Hasen’s one … Continue reading

The Hill reports on Trump’s latest promise of revenge. Like so many previous examples of not-surprising-but-still-shocking breaches of important norms, this crosses yet another line of impropriety dangerous to democracy. What will it take to bring the United States back… Continue reading

Isaac Chotiner of the New Yorker did this Q&A about Milligan with Ruth Greenwood: So, yes, I am completely shocked. There is no version of what happened today that I had predicted. We had fifteen different possible outcomes about how… Continue reading

Electionline picked up this disturbing story about election denialism in Montana. We’ve all read a lot of similar stories over the last few years, but this one is current and particularly striking in the details of the town meeting where… Continue reading

That’s a quote from his extensive interview with Bolts regarding the decision and its implications. Justin amplified the point behind his vivid metaphor: “There’s absolutely no question that the VRA remains one of the crown jewels of the civil rights… Continue reading

Spectrum News reports on the party-line vote in the state legislature that will adopt no excuse absentee voting in New York even though the state’s voters rejected an amendment to the state’s constitution that would do the same. The report… Continue reading

Robert Barnes and Ann Marimow of the Washington Post have a comprehensive analysis of prior election law decisions from the Roberts Court and their comparison to Allen v. Milligan.