Category Archives: legislation and legislatures

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

“In Electoral Disputes, State Justices Are Less Reliable GOP Allies than the U.S. Supreme Court—That’s the ‘Problem’ the Independent State Legislature Claim Hopes to Solve”

legislation and legislatures, political polarization, Supreme Court
Rebecca L. Brown, Lee Epstein, and Michael J. Nelson have this new article in the Annals of the American Academy of Political and Social Science. Here is the abstract: Scholars have identified serious drawbacks to the independent state… Continue reading