Category Archives: legislation and legislatures

“As Republicans Take Aim at Voting, Democrats Search for a Response”

July 12, 2021, 7:42 amlegislation and legislaturesDan Tokaji

NYT: “President Biden is expected to put his political muscle behind the issue in a speech in Philadelphia on Tuesday. But in Congress, Democratic senators have been unable to move voting and election bills that would address what many… Continue reading

“Electoral Votes Regularly Given”

July 12, 2021, 6:25 amelectoral college, legislation and legislatures, statutory interpretationDerek Muller

I’ve posted a couple of brief items already, but I want to take a moment to join the other new contributors in thanking Rick for his kind invitation to join the Election Law Blog. This site has been an extremely… Continue reading

“After Marathon Hearings, Texas Republicans Advance Voting Measure”

July 12, 2021, 3:50 amlegislation and legislaturesDan Tokaji

NYT: Texas Republicans moved legislation to overhaul the state’s voting system closer to passage on Sunday, brushing aside fierce opposition from Democrats to gain approval from key committees in the House and the Senate after marathon weekend hearings.The committee… Continue reading

“Why America’s Most Popular Party Isn’t Getting More Done”

July 11, 2021, 6:55 amlegislation and legislatures, Supreme Court, Voting Rights ActDan Tokaji

Jeff Greenfield in Politico: The decision [in Brnovich] was a gift-wrapped present to future Republican candidates, and a direct slap at one of the top priorities of not just Democrats, but good-government advocates across the country. The Democratic response?… Continue reading

“Top Biden ally pleads with him to scrap filibuster for election reform”

July 10, 2021, 9:12 amlegislation and legislatures, Voting Rights ActDan Tokaji

Politico: House Majority Whip Jim Clyburn (D-S.C.) told POLITICO Biden “should endorse” the idea of creating a carveout to the legislative filibuster in the Senate for legislation that applies to the Constitution. In effect, the reform would make it… Continue reading

“Comparative Multidisciplinary Perspectives on Omnibus Legislation”

May 30, 2021, 3:38 pmlegislation and legislaturesRick Hasen

Interesting new volume edited Ittai Bar-Siman-Tov .

“The 2020 election still hovers over the Supreme Court with another pending Pennsylvania case”

April 18, 2021, 7:47 pmlegislation and legislatures, Supreme CourtRick Hasen

Ariane de Vogue for CNN: Five months after the presidential election and nearly 100 days into President Joe Biden‘s term, the Supreme Court is still considering whether to take up a case related to voting rights in the battleground… Continue reading

Derek Muller: “Iowa’s Second Congressional District Contest Should Be Dismissed for Lack of Exhaustion of State Remedies”

December 22, 2020, 11:32 amlegislation and legislatures, recountsRick Hasen

The following is a guest post from Derek Muller about Iowa’s Second Congressional District Contest: Iowa’s Second Congressional District is officially one of the closest congressional elections in American history. Congresswoman-Elect Mariannette Miller-Meeks led by 47 votes after the official… Continue reading

“POLITICO Playbook PM: Deep dive: Electoral College on the Hill”

December 22, 2020, 11:04 amelectoral college, legislation and legislaturesRick Hasen

Interesting stuff on the VP here: THE VP TYPICALLY presides over the certification in his role as the president of the Senate. JONATHAN SWAN from Axios had an excellent report this morning about how President DONALD TRUMP is turning on everyone, and… Continue reading

“How did the GOP gain in the House while Trump lost? It’s actually pretty simple.”

December 18, 2020, 8:22 amlegislation and legislatures, political polarizationRick Hasen

Aaron Blake: One of the increasingly prevalent arguments spun by President Trump and his allies when it comes to supposed voter fraud in the 2020 election is this: Republicans had, by and large, a pretty good election below the presidential… Continue reading

On Dems Choosing To Contest 6-Vote-Margin Iowa U.S. House Race in the House of Representatives Rather Than in Iowa Courts

December 3, 2020, 7:12 amlegislation and legislatures, recountsRick Hasen

This is something to watch: This raises some really interesting questions about the legitimacy of seeking a recount in a potentially more favorable forum (the Dem House rather than through the Iowa courts). The law certainly allows this route.A lot… Continue reading

“Iowa Democrat to challenge 6-vote loss in appeal in US House”

December 2, 2020, 1:37 pmlegislation and legislatures, recountsRick Hasen

AP: A Democratic congressional candidate in Iowa who trailed by six votes after a recount said Wednesday she will forgo further legal challenges in the state and instead appeal directly to the U.S. House for review.Rita Hart’s campaign had until… Continue reading

“Federal Court Review of State Court Interpretations of State Laws that Regulate Federal Elections: Debunking the ‘Independent State Legislature’ Notion Once and for all, and Keeping Federal Judges to Their Important but Limited Lanes”

December 1, 2020, 9:58 amlegislation and legislatures, Supreme CourtRick Hasen

Vik Amar has posted this draft on SSRN. Here is the abstract: In the weeks leading up to and following Election Day 2020, Republican litigants, taking cues from a minority group of Justices, asked federal courts to undo state election… Continue reading

Jack Rakove: Justice Ginsburg Got It Right (on the Meaning of “Legislature”)

October 22, 2020, 8:19 amlegislation and legislatures, Supreme CourtRick Hasen

The following is a guest post from historian Jack Rakove of Stanford: As Rick Pildes (my fellow Cubs fan and Evanston IL high school grad) noted the other day, the Supreme Court’s recent ruling in the Pennsylvania voting case leaves… Continue reading