Category Archives: legislation and legislatures

Republicans Plan to Go to U.S. Supreme Court Raising Independent State Legislature Theory to Seek to Block Pennsylvania Supreme Court Ruling Requiring Counting of Certain Provisional Ballots

absentee ballots, legislation and legislatures, Supreme Court
Are we about to see the Supreme Court weigh back into the application of the independent state legislature theory? Back on Wednesday, I wrote about a divided ruling of the Pennsylvania Supreme Court that required the counting of provisional ballots… Continue reading

Pennsylvania Court, on 4-1 Vote, Holds That Failing to Count Timely But Undated (or Misdated) Mail-In Ballots Violates the State Constitution; Case Likely Headed to State Supreme Court and Potentially SCOTUS on Federal Cases

absentee ballots, legislation and legislatures
This decision could be a very big deal in the case of a very close election. And because this is a ruling that the state constitution trumps a state statute when it comes to voting, there will be an issue… Continue reading

My Forthcoming Yale Law Journal Feature: “The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law”

authoritarian threats in US, ballot access, Bush v. Gore reflections, campaign finance, cheap speech, chicanery, Constitutional Right to Vote, election administration, election law and constitutional law, Election Meltdown, election subversion risk, First Amendment theory, legislation and legislatures, political equality, political parties, political polarization, primaries, Real Right to Vote, social media and social protests, Supreme Court, The Voting Wars, voting, Voting Rights Act
I have written this draft, forthcoming this spring in Volume 134 of the Yale Law Journal. I consider it my most important law review article (or at least the most important that I’ve written in some time). It offers… Continue reading