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

Tune in!

Bloomberg: Donald Trump can’t claim presidential immunity to avoid a lawsuit that accuses him of civil rights violations in his efforts to undermine the results of the 2020 election, a federal judge ruled Monday.  Trump had argued that he was… Continue reading

NYT reports.

NBC News: After winning re-election to her seat in the U.S. House, Norma Torres, a Democrat from California, issued a press release making a startling accusation: El Salvador President Nayib Bukele participated in “foreign election interference” in her race. Bukele,… Continue reading

NPR: Over nearly two years, the political future of Georgia Secretary of State Brad Raffensperger had looked somewhere between uncertain and untenable. In 2020, sitting President Donald Trump called him an “enemy of the people” after Trump lost Georgia… Continue reading

WaPo: Maricopa County, facing a storm of GOP criticism over its handling of the Nov. 8 election, said in a report issued Sunday that problems with printers that surfaced on Election Day did not violate the Arizona Constitution or other… Continue reading

WaPo: Since Rep. Liz Cheney accepted House Speaker Nancy Pelosi’s offer to serve as the vice chair of the House committee investigating the Jan. 6, 2021, attack on the U.S. Capitol, the Wyoming Republican has exerted a remarkable level of… Continue reading

AP: Before Election Day, anxiety mounted over potential chaos at the polls. Election officials warned about poll watchers who had been steeped in conspiracy theories falsely claiming that then-President Donald Trump did not actually lose the 2020 election. Democrats… Continue reading

Seattle Times: During every election in Washington, tens of thousands of ballots are rejected because ballot envelope signatures are flagged as not matching how they’ve looked in the past. In the Nov. 8 midterm alone, nearly 27,000 ballots were challenged… Continue reading

In a brief unsigned order with no noted dissents, the Supreme Court of Georgia allowed early voting on Saturday to go forward over the objections of the Georgia Republican Party. More from the AJC.