I just posted this book chapter on partisan gerrymandering, which will be part of the Oxford Handbook of American Election Law (coming out next year). Thanks to Gene Mazo for assembling and editing the volume and organizing terrific workshops for… Continue reading

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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

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

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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

In anticipation of the Moore v. Harper argument, Dallas Woodhouse defends the Pinckney Plan papers that have been subject to historical controversy.

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

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

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

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

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

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