NY trial court finds constitutional right to cast primary write-in for candidate who’s not a member of the party
Friday’s decision is here, with a little more illumination from the earlier hearing transcript here.
Category Archives: election law and constitutional law
“Justice Janet Protasiewicz, Say Hello To Caperton v. Massey”
Josh Blackman predicts (?) a surge of interest in recusal motions from conservative litigants with new appreciation for the perception of corruption in substantial campaign spending on judicial races.
State enforcement of 14th Amd. insurrection clause
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
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
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
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.
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?”
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
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
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
(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
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
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”
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