Carolyn Shapiro, Dan Tokaji, and I are the amici in this brief in Moore v. Harper, represented by Harvard Law School’s Election Law Clinic. Our brief highlights the doctrinal and practical mayhem that would ensue if federal courts were to… Continue reading

AP: “It’s just hard, as somebody who grew up, as I said, believing in democratic values, that I’m being challenged by somebody who doesn’t believe that our elections here, locally or nationally, are free and fair,” McGuire said. “Particularly here… Continue reading

Excerpt: I plan to quote this language back to Justice Alito if and when the Court decides whether states like Texas can force social media companies to carry the speech of politicians who foment hate speech, undermine election integrity… Continue reading

ProPublica deep dive.

Two weeks out from Election Day, many of the most closely watched and competitive statewide races are between a MAGA Republican and a Democrat. Here are few examples: Arizona’s gubernatorial race between Kari Lake and Katie Hobbs New Hampshire’s Senate… Continue reading

ELB readers know that throughout this year I’ve urged us all to process election-related news with this question in mind: what if the relevant state used Alaska’s new electoral system? (Obviously, this question doesn’t apply to Alaska itself.) Tonight’s debate… Continue reading

Steven Rosenfeld reports.

WaPo: The Republican National Committee and its allies say they have staged thousands of training sessions around the country on how to monitor voting and lodge complaints about next month’s midterm elections. In Pennsylvania, party officials have boasted about… Continue reading

A must-listen episode of The Daily (NY Times podcast). If you want a sense of what election administration is like right now (and, most especially how it has evolved–meaning deteriorated–in the months since January 2021), you can’t do any better… Continue reading

I’ve posted this essay, at the Yale Journal of Regulation, which is running a symposium on Peter Shane’s new book, “Democracy’s Chief Executive”. My essay is the first of what will be fourteen essays — one a day… Continue reading

Important new draft from Justin Grimmer, Michael Herron, and Matthew Tyler. Abstract: In the wake of Donald Trump’s attempt to overturn the 2020 presidential election, a cottage industry of conspiracy theorists has advanced ever more expansive claims of vote manipulation,… Continue reading

60 Minutes reports. See also Vote by Mail: How One Colorado County Secures Its Ballots.

Part 1: “America’s Election Workers Are Leaving in Droves” Part 2: “In the wake of Trump’s lies, a brain drain of local election experience in Georgia” Part 3: “Elections weren’t in a healthy state pre-2020. Now, we’re pushing them to … Continue reading

This brief pulls no punches. For example: