Category Archives: Uncategorized
I Spoke with Dahlia Lithwick on the Slate “Amicus” Podcast About What to Expect When You are Expecting a Crazy Election
You can listen here.
Might the PA Provisional Ballots Issue and the Independent State Legislature Claim Come Back to the Supreme Court?
The RNC must have known the Genser case was a long shot as a means to get the Supreme Court to address this issue. The case did not directly involve the 2024 election. It involved a primary election that had… Continue reading
“Rich Bernstein: The Fifth Circuit Was Wrong–Counting Timely-Cast Remote Votes That Are Received After Election Day is as Old as the Founding”
Smart analysis of a laughable decision.
Breaking: U.S. Supreme Court Won’t Give Relief in Naked Ballots Case (Updated Post)
You can find the order here.
What’s most notable is Justice Alito, purportedly applying Moore v. Harper’s anti-arrogation principle, saying that the interpretation here would clearly violate the power of the state legislature: “The applicants contend that this interpretation… Continue reading
After Losing in Lower Courts, Republicans Go to North Carolina Supreme Court Seeking to Set Aside Overseas Ballots for Possible Citizenship Check
“Republicans more skeptical than Democrats of nationwide election vote counts, AP-NORC poll finds”
AP:
The nation’s deep partisan divisions extend to trust in the vote tallies for this year’s election, as a new poll finds that Republicans are much more skeptical than Democrats that ballots will be counted accurately.
Voters generally show… Continue reading
Pildes: My NYT Essay On Tuesday’s Importance for Some of the Most Significant Political Reforms in Many Years on the Ballot in a Number of States
In case you want to think about something other than the presidential election, there are some of the most important political reform items in many years on the agenda this Tuesday in at least 8 states. I published this essay … Continue reading
“Civil Rights Groups File Emergency Lawsuit to Ensure Cobb County Absentee Voters Have Time to Cast Their Ballots”
Release via email:
The American Civil Liberties Union, ACLU of Georgia, and Southern Poverty Law Center filed an emergency lawsuit to safeguard the voting rights of Cobb County voters. Cobb County admitted that they had failed to mail out more… Continue reading
If the Election Comes Down to Wisconsin, Be Patient
Milwaukee early votes likely will take until 2 or 3 am to count….
From my earlier Slate piece:
Well, déjà vu may be on tap for a week from Tuesday. Pennsylvania and Wisconsin, alone among the swing states,… Continue reading
“The Count with David Becker”
Check out the new 5-part limited podcast series with David.
Newest “Law & Democracy” Podcast
Discussing among other things ahead of Election Day, the intentional sabotaging of drop boxes, available on Apple Podcasts and YouTube.
Steve Mazie in The Economist on Whether Litigation May Matter to the Outcome of the 2024 Election
Here:
Amid teetering uncertainty over who will win next week’s presidential election, little suspense looms about one thing: if Donald Trump loses, he will not concede to Kamala Harris. Instead, as he has been doing throughout his campaign, Mr… Continue reading
Purcell and the Stay Application in the PA Case
In its emergency stay application in this case, the RNC argues that the PA supreme court decision should be stayed, in part due to Purcell considerations. Purcell thus far applies only to federal courts, as the RNC acknowledges, but it… Continue reading