Category Archives: Uncategorized
The ISLT: The Remedial Version
In my testimony to the House outlining different potential versions of an ISLT the Court might adopt, I mentioned a remedial version of such a doctrine. Without endorsing it, I want to explain further what this version would mean.
This… Continue reading
The ISLT: How State Statutes and State Constitutions Differ
With the argument coming up next week in Moore v. Harper, I’ve thought more deeply about some of the less obvious legal issues underlying the case. I plan to do a few posts on these issues.
At least several Justices… Continue reading
Morgan Kousser on the PBS News Hour: WATCH: The racist history behind Georgia’s runoff elections
“Arizona secretary of state seeks investigation of Republicans who balked at certifying election”
CNN:
The Arizona Secretary of State’s Office on Friday asked state and local prosecutors to investigate and take enforcement action against two Republican officials who had balked at certifying their county’s election results by the legal deadline.
In the referral… Continue reading
“S.C. founding father at center of U.S. Supreme Court election case”
In anticipation of the Moore v. Harper argument, Dallas Woodhouse defends the Pinckney Plan papers that have been subject to historical controversy.
Next Week on the Blog…
Derek Muller will be primary ELB blogger next week.
On Wednesday, December 7, the Supreme Court will hear oral argument in the Moore v. Harper case. I will be live blogging the audio of the oral arguments right here on… Continue reading
“Voting Without State Checks and Balances? A Close Look at the Independent State Legislature Theory”
The New York City Bar Association hosted this excellent panel discussion, co-sponsored by the Brennan Center, in advance of next week’s oral arguments in Moore v. Harper. The panel featured Carter Phillips (Sidley Austin LLP, Counsel of Record for… Continue reading
“Cochise County complies with judge’s order and certifies election results”
The latest:
On Thursday, a judge ruled the board had “exceeded its lawful authority” by not certifying the election results on time and ordered the board to hold an emergency meeting by the end of the day.
The judge said… Continue reading
“Voting under the Federal Constitution”
Travis Crum has posted this draft on SSRN (forthcoming, Oxford Handbook of American Election Law). Here is the abstract:
There is no explicit, affirmative right to vote in the federal Constitution. At the Founding, the franchise was largely limited to… Continue reading
“Manchin and Klobuchar: Omnibus likely place for electoral count overhaul”
Roll Call:
Legislation to overhaul how Congress counts presidential electoral votes should hop on the must-pass spending omnibus on its way out of the Senate, Sens. Joe Manchin III and Amy Klobuchar said Wednesday.
Speaking at a National Council… Continue reading
“The Jolt: Finger-pointing starts over long waits for Georgia voters”
AJC:
Voters are having to wait in line for more than two hours at some crowded voting locations before casting a ballot in the U.S. Senate runoff, a consequence of both high turnout and a shorter early voting period, The… Continue reading
On Party Line Vote, Luzerne County, PA Certifies the 2022 Vote
Hansi Lo Wang:
NEW: Pennsylvania's Luzerne County board of elections votes 3-2 to certify its local midterm election results two days after the state's legal deadline as it faces a lawsuit by Democratic Rep. Matt Cartwright after putting some 117,000… Continue reading
Scheduled to Be on MSNBC Around 11:25 AM ET Talking About the Refusal of a Few Counties to Certify Election Results
Tune in!