Category Archives: election law and constitutional law

State enforcement of 14th Amd. insurrection clause

April 3, 2023, 10:54 amelection law and constitutional law, election subversion riskJustin Levitt

Free Speech for People and Professor Gerard Magliocca out with a new blog post and report on state enforcement of section 3 of the 14th Amendment, prohibiting those who have “engaged in insurrection or rebellion against” the United States from… Continue reading

Recent judicial developments on the qualifications to run for Congress

May 31, 2022, 1:59 pmelection law and constitutional lawDerek Muller

It’s been a busy year for the typically-sleepy Qualifications Clause of the Constitution, but a couple of judicial developments are noteworthy. First, Newsom v. Golden considered the Tennessee Republican Party’s move to boot a candidate who failed to meet the… Continue reading

Ballot access rules for disqualified presidential candidates

October 20, 2021, 2:47 pmelection law and constitutional law, statutory interpretationDerek Muller

Ned’s post on Section 3 of the Fourteenth Amendment walks through challenges pertaining to former president Donald Trump’s eligibility. It’s a sound legal analysis (although I’m sure there are disputes among some as to the facts, and there’s much uncertain… Continue reading

Political Conduct and the First Amendment

July 26, 2021, 7:43 amelection law and constitutional law, First Amendment theory, social media and social protests, Supreme Court, The Voting Wars, votingFirst Amendment, Protests, Right of Assembly, voting rightsTabatha Abu El-Haj

Now that I have finished a draft of a new Article, Political Conduct and the First Amendment, I am eager to join the conversation on the ELB. I couldn’t be more thankful to Rick for including me as part… Continue reading

New Voting Laws Face Court Challenges Across the U.S.

July 19, 2021, 6:30 amcourt decisions, election administration, election law and constitutional law, Supreme Court, The Voting Wars, Voting Rights ActNed Foley

WSJ reports on the recent explosion of election-related litigation but also the challenges lawsuits have in light of new rulings like Brnovich.

New essay alert: “In Whom is the Right of Suffrage?”

July 6, 2021, 8:15 amelection law and constitutional law, felon voting, votingFranita Tolson

This is my first blog post on ELB, and I couldn’t be more excited to be a part of the revamp. I am a devout reader of the blog and very much appreciate the hard work that Rick has put… Continue reading

The list of COVID-19 election cases hits 325

October 30, 2020, 9:21 amcourt decisions, election administration, election law and constitutional law, Supreme Court, The Voting WarsJustin Levitt

Justin here. I’m tracking the litigation over election issues related to COVID-19 … and the list of cases just hit 325. (The Stanford-MIT Healthy Elections Project also has a really useful sortable database of these cases, with more info.… Continue reading

The list of COVID-19 election cases hits 275

October 6, 2020, 1:49 pmelection administration, election law and constitutional law, Election MeltdownJustin Levitt

Justin here. I’m tracking the litigation over election issues related to COVID-19 … and the list of cases just hit 275. (The Stanford-MIT Healthy Elections Project also has a really useful sortable database of these cases, with more info.)… Continue reading

PA legislators ask SCOTUS to stay mail deadline ruling

September 29, 2020, 7:37 amabsentee ballots, election law and constitutional law, Elections ClauseJustin Levitt

(Cross-posted at Take Care) The state Senate leadership in Pennsylvania, intervenors in litigation over the deadline to receive ballots cast by mail, has just asked the U.S. Supreme Court to stay a Sept. 17 decision of the Pennsylvania Supreme … Continue reading

The list of COVID-19 election cases hits 250

September 21, 2020, 10:46 amcourt decisions, election administration, election law and constitutional law, Election MeltdownJustin Levitt

Justin here. I’m tracking the litigation over election issues related to COVID-19 … and the list of cases just hit 250. (The Stanford-MIT Healthy Elections Project also has a really useful sortable database of these cases, with more info.)… Continue reading

The list of COVID-19 election cases hits 200

August 16, 2020, 1:54 pmelection law and constitutional law, election law biz, Election MeltdownJustin Levitt

Justin here. I’m tracking the litigation over election issues related to COVID-19 … and the list of cases just hit 200. 202, actually. The number in each state isn’t necessarily a good indication of the contentiousness of the issues:… Continue reading

“Durkan Supports Capping Super PAC Donations and Blocking Amazon from City Elections”

January 7, 2020, 3:01 pmcampaign finance, election law and constitutional lawJustin Levitt

In the wake of substantial spending by Amazon (and others) in 2019 city council elections, Seattle contemplates a Clean Campaigns Act purporting to limit contributions to Super PACs, and to limit spending from corporations with more than 1% ownership from… Continue reading

“Justices Urged to Nix Donor Disclosure Law”

January 6, 2020, 2:11 pmcampaign finance, election law and constitutional law, tax law and election lawJustin Levitt

Bloomberg: An unusually large number of amicus briefs filed by friends of a charity tied to the Koch brothers have flooded the U.S. Supreme Court, urging the justices to nix a California law requiring charities to disclose their largest… Continue reading