Revised Version Available of My Paper on Direct Democracy Rights During a Pandemic, Taking Into Account Awful 6th Circuit Opinion from Tuesday

Draft here (paper is forthcoming in the University of Chicago Law Review Online). Abstract: Putting aside the Supreme Court’s controversial decision in Republican National Committee v. Democratic National Committee, the case over extending the date for receipt of absentee ballots … Continue reading

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Sixth Circuit, in Troubling Decision, Reverses District Court Decision Requiring Ohio to Accept Electronic Signatures for Initiative Petitions

You can find the per curiam opinion of the three-judge panel here. This opinion is troubling, and fits into a larger pattern of the court not protecting direct democracy during the pandemic. Indeed, I have this forthcoming piece in the … Continue reading

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Federal District Court in South Carolina Holds It Unconstitutional to Apply Witness Requirement to Absentee Ballots for June Primary in Light of COVID; Rejects Motion to Extend Deadline for Receipt of Absentee Ballots Postmarked by Election Day

You can find the district court’s opinion at this link. On the witness requirement, the district court found that South Carolina does not use the witness requirement to ferret out voter fraud and in any case there is virtually nothing … Continue reading

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Breaking: Federal District Court, in Sweeping Opinion, Holds That Texas Must Allow Voters Who Wish to Vote by Mail to Do So In Light of COVID, But The Opinion is Vulnerable to Reversal by 5th Circuit

In a sweeping opinion complete with lofty language and an odd choice of using Appendices, a federal district court has held that it would be unconstitutional to bar Texas voters who lack immunity from COVID-19 and wish to vote by … Continue reading

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My New Draft Article: “Three Pathologies of American Voting Rights Illuminated by the COVID-19 Pandemic, and How to Treat and Cure Them”

I have posted this draft on SSRN, which is a work in progress aimed at a moving target. Comments welcome. Here is the abstract: The COVID-19 global pandemic, which already has claimed approximately 90,000 lives in the United States as … Continue reading

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I’ll Be Speaking at Attorney Generals Alliance May 28 Virtual Event: “COVID-19 Impacts on Election Law & Policy”

Looking forward to this: Join the DiscussionThursday, May 282pm – 3:30pm ETPHIL WEISERCOLORADOATTORNEY GENERALLAWRENCE WASDENIDAHOATTORNEY GENERALCOVID-19 may fundamentally alter the way Americans vote. The Supreme Court’s decision in the Wisconsin primary is anticipated to spur future litigation. Petition gatherers are … Continue reading

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“The Cybersecurity 202: Coronavirus has upended election security training with just months before November”

WaPo: Russian hackers could target election officials working from home. Adversaries could spread rumors about coronavirus outbreaks at polling sites to deter people from showing up on Election Day. Or they could launch disinformation campaigns claiming elections have been delayed … Continue reading

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