Category Archives: election administration
Indispensable Resource from Federal Judicial Center: “Emergency Election Litigation in Federal Courts: From Bush v. Gore to Covid-19”
It’s hard to overstate how rich a resource this Federal Judicial Center book is going to be. It is totally free online; a hard copy will be available for sale soon:
Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine… Continue reading
“Top Wisconsin Republicans give mixed reviews on abolishing elections commission”
Milwaukee Journal Sentinel:
Wisconsin’s top Republican on Capitol Hill this week indicated support for a new proposal to dissolve the state’s bipartisan elections commission and give its powers to the secretary of state’s office with oversight from the GOP-controlled legislature. … Continue reading
“America’s Election Officials Fight Disinformation and Death Threats Ahead of 2024”
Just Security:
Karen Brinson Bell has worked in elections administration for more than 17 years. It has always been a hard job – election law is always evolving, work leads to missing family events, and there is no rescheduling an… Continue reading
“Wisconsin Judge Dismisses Felony Charge in ‘Ballot Selfie’ Case”
NYT:
A Wisconsin judge on Monday dismissed a felony charge against a school board candidate who had posted a photograph on Facebook of a ballot with his name filled in.
In his ruling, the judge, Paul V. Malloy of Ozaukee… Continue reading
No rush to decide Section 3 cases in Michigan, Colorado
“Expedited” review of cases may be in the eye of the beholder. Appeals are pending in Section 3 cases in both Colorado and Michigan. Both states have indicated the cases ought to be resolved by the first week of January… Continue reading
“How election officials are planning to avoid a repeat of 2020’s slow vote count”
Zach Montellaro for Politico:
Election officials are preparing to count votes a lot faster in 2024, desperate to avoid a repeat of the long ballot count that left the winner of the presidential race uncertain for days in 2020.
Several… Continue reading
Political questions and Section 3 of the Fourteenth Amendment
I went back to look at some of the commentary around the Supreme Court’s decision in Rucho v. Common Cause in 2019. The decision shut the door on federal constitutional challenges to partisan gerrymanders. Much of the commentary around the… Continue reading
BREAKING: Michigan judge dismisses Section 3 claim against Trump as a “political question”
Zoe Tillman has the judge’s opinion here. The judge finds that the Secretary holds no authority to exclude a candidate under state law. He goes on to find that Congress holds the power to remove the disability, which he… Continue reading
“Options for U.S. Federal Involvement in Elections”
New BPC report:
Amid growing threats to election infrastructure and the increased complexity of administering elections, legislators have an opportunity to reassess how the federal government helps state and local officials ensure secure, accessible, and trusted elections. Over the past… Continue reading
“Virginia county stumbles in the first election after its conspiracy-fueled staff exodus”
Jane Timm for NBC News:
Seven months after election conspiracy theories consumed the community here and drove the entire election staff to quit, Buckingham County struggled to report its results in Tuesday’s elections.
Local results were posted just before… Continue reading
“Abuse of Discretion: The U.S. Supreme Court’s Indefensible Use of Evidence in Election Law Cases”
I have posted this draft on SSRN. Here is the abstract:
This is the written version of a keynote address delivered to the Southern California Law and Social Science (SOCLASS) Forum, “Elections, Law and Democracy” Conference, Whittier Law School, March… Continue reading
“Republicans legislators claw back control of elections in key states”
Politico:
Republican officials in key battleground states are moving to assert more control over elections ahead of 2024 — efforts that could disrupt preparations already underway for the presidential contest.
Unlike prior pushes that have focused on poll access and… Continue reading
“How Federalism Plus Polarization Create Distrust in American Elections (and Experimental Evidence for a Potential Solution)”
New paper from Jennifer Gaudette (UC San Diego), Seth J. Hill (UC San Diego), Thad Kousser (UC San Diego), Mackenzie Lockhart (Yale University), Mindy Romero (USC), Laura Uribe (UC San Diego) . Abstract:
The Constitution grants power over election administration… Continue reading