The appeals court relied in part on Purcell, and in part on Anderson-Burdick. More of the same. … Continue reading
Category Archives: Uncategorized
Texas Tribune reports. … Continue reading
Could Trump contest even a landslide? That depends on his fellow Republicans (WaPo) The coming Supreme Court showdown that may affect how you vote (on Anderson-Burdick vs. McDonald standard on absentee voting) Symposium: The particular perils of emergency election cases … Continue reading
Greg Sargent: We’ve spent so many months worrying about a disastrous election day — due to President Trump’s corrupt designs or other factors such as mail backlogs — that it’s hard to contemplate the possibility that it might come off more smoothly … Continue reading
Here’s the start: Monday, Oct. 19, 2 a.m.: I’m so overactivated, I can’t sleep. I want to vote during the first hour of the first day of early voting here in surprisingly purple mid-South Florida. I have to vote ASAP, … Continue reading
The court was unanimous in its result (with all but one justice joining in the reasoning). Note that because this ruling relies upon the court’s interpretation of the plain meaning of the elections code, it would be very hard to … Continue reading
I’ve followed closely the work of Yael Bromberg on the scope of the 26th Amendment, which, like the 19th Amendment, has been vastly underutilized as a tool to promote voting rights. This amicus brief from the Andrew Goodman Foundation, Equal … Continue reading
WaPo reports. … Continue reading
Read it here. Among the arguments rejected by the court were those based upon recent fraud allegations in Paterson. … Continue reading
You can watch here. … Continue reading
The Detroit Free Press reports. … Continue reading
USA Today reports. … Continue reading
In today’s Washington Post story about President Trump’s “repeated” discussions with aides about whether to fire FBI Director Christopher A. Wray after Election Day, here’s what the President’s aides reportedly say about the reasons for these repeated discussions and why … Continue reading
You can find the opinion here. I believe Michigan is the only state with such a prohibition. The pattern in these cases is clearer by the day. … Continue reading
Later today, the Social Science Research Council’s “Anxieties of Democracy” program is hosting this event. The event features Harvard’s Steven Levitsky, co-author of How Democracies Die; the Director of the Agora Institute at John Hopkins, Hahrie Han, whose newest book … Continue reading
The Star Tribune reports. … Continue reading
Last night I linked to a story in the San Francisco Chronicle “Cash-rich, Uber-backed Prop. 22 campaign scrimps on postage.” The article starts: “Proposition 22, the ballot measure to exempt Uber and Lyft drivers and other gig workers from being … Continue reading
Alana Abramson for Time. … Continue reading
My thread starts here: If you step back for a moment it is simply astounding to me that so many are working so hard to make it more difficult for people to vote. During a pandemic. Unreal.— Rick Hasen (@rickhasen) … Continue reading
SF Chronicle: Proposition 22, the ballot measure to exempt Uber and Lyft drivers and other gig workers from being employees, got a nonprofit postal permit for its deluge of glossy mailers, allowing it to save millions on postage. U.S. Postal … Continue reading
St. Louis Post-Dispatch oped: The 14th Amendment’s Equal Protection Clause mandates that state legislative districts have substantially equal populations. And today, every state uses total population as the baseline for drawing their legislative districts.Supporters of Amendment 3 on the Nov. … Continue reading
CNN: Director of National Intelligence John Ratcliffe said Wednesday both Iran and Russia have obtained US voter registration information in an effort to interfere in the election, including Iran posing as the far-right group Proud Boys to send intimidating emails to voters.“This data … Continue reading
WaPo: The U.S. government has concluded that Iran is behind a series of threatening emails arriving this week in the inboxes of Democratic voters, according to two U.S. officials.Department of Homeland Security officials told state and local election administrators on … Continue reading
Nate and Charles at Slate: Americans need to be prepared for the possibility of experiencing a roller coaster ride as the votes are counted, especially in the first couple of hours after the polls close. Counties will be reporting partial … Continue reading
In the event that there’s unified Democratic government in Washington next year, electoral reform is likely to be high on the agenda. Debates about such reform revolve around not just its policy merits but also its constitutionality. In that vein, … Continue reading
Votebeat reports. … Continue reading
Kara Swisher talks to Trevor Potter for the NYT “Sway” Podcast. … Continue reading
Release: Latino civic engagement organization Mi Familia Vota Education Fund and several voters today filed a lawsuit against President Trump and members of the administration in the U.S. District Court for the District of Columbia. The lawsuit, which names President … Continue reading
Josh Douglas and Michael Zilis in Politico. … Continue reading
WaPo: During a pro-Trump rally earlier this month in Nevada City, Calif., enthusiastic supporters in cars and trucks crowded into the parking lot of the county government center.As many as 300 people played music, cheered and called out through a … Continue reading
Wow. … Continue reading
This is why Michigan SOS Benson is urging the personal return of absentee ballots via drop boxes or clerk’s offices. … Continue reading
Watch here: … Continue reading
I’m a member of this Task Force and we have just released our legal analysis and report on these election issues. The other members of the task force are James A. Gardner, Deborah Pearlstein, Shugerman, Ava B. Ayers, Wilfred U. … Continue reading
This Vox story, titled “Silicon Valley megadonors unleash a last-minute, $100 million barrage of ads against Trump,” is intriguing on several fronts — not just for the massive amount invovled. Our campaign-finance laws were written before the digital age took … Continue reading
The sharply divided CA 4 en banc decision also illustrates what a mess trying to apply the Purcell “doctrine” can be. Purcell cautions federal courts against changing the status quo in election cases too close to the election. It’s probably … Continue reading
After having just divided 4-4 on the PA case, which centered on the “independent legislature” constitutional issue, the Court might soon be faced with that issue yet again. The en banc 4th Circuit split yesterday on precisely this issue — … Continue reading
NYT: Elliott Broidy, a former top fund-raiser for President Trump, pleaded guilty on Tuesday to conspiring to violate foreign lobbying laws as part of a covert campaign to influence the administration on behalf of Chinese and Malaysian interests.Mr. Broidy, 63, … Continue reading
NYT: Though young Americans typically vote at lower rates than the electorate does as a whole, the race in Michigan’s Eighth District isn’t the only one where their absence could have an impact. David Wasserman, the House editor at the Cook … Continue reading
WaPo: A poll worker in Memphis was fired last week after interfering with early voters who wore T-shirts and masks with slogans supporting Black Lives Matter, according to a Shelby County election official.Details about the incident remained unclear Tuesday, including … Continue reading
USA Today reports. … Continue reading
You can watch here. … Continue reading
Charles Stewart for WBUR: These are the types of scenarios that have convinced many people that Biden has no chance of winning, regardless of what happens with the voting.However, there are two fundamental flaws beneath all this breathless scenario-building. The … Continue reading
WaPo reports. … Continue reading
RSVP required. … Continue reading
AP: President Donald Trump on Tuesday called on Attorney General William Barr to immediately launch an investigation of Democrat Joe Biden and his son Hunter, effectively demanding that the Justice Department muddy his political opponent and abandon its historic resistance … Continue reading
NPR reports. … Continue reading
Oped in the Wisconsin State Journal. … Continue reading
That’s the title CNN put on my piece on the Supreme Court’s decision in the PA case. I’ll keep the excerpt short, since most readers here will already understand much of the background: In the most important pre-election case this … Continue reading
NYT reports. … Continue reading