“Trump Says He Will Keep Fighting as Aides Doubt Path Forward; President’s advisers point fingers over campaign’s legal strategy”

WSJ: President Trump said Friday he would continue to fight election results that showed him on the cusp of losing to former Vice President Joe Biden. Privately, people familiar with the conversations say, advisers are urging him to prepare for that eventuality.Mr. … Continue reading

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“Judges nominated by President Trump play key role in upholding voting limits ahead of Election Day”

WaPo: Federal judges nominated by President Trump have largely ruled against efforts to loosen voting rules in the 2020 campaign amid the coronavirus pandemic and sided with Republicans seeking to enforce restrictions, underscoring Trump’s impact in reshaping the judiciary.An analysis by The … Continue reading

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“In a 4-4 Split, the Supreme Court Lets Pennsylvania Make Voting Easier—For Now; The decision signals that Amy Coney Barrett will cast the deciding vote in any upcoming election disputes.”

I have written this piece for Slate. It begins: After a very long delay in an emergency election case, the shorthanded United States Supreme Court came to a 4-4 tie in an election law case out of Pennsylvania on Monday evening. While … Continue reading

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Breaking and Analysis: 7th Circuit, on 2-1 Vote, Rejects District Court Extension of Wisconsin Deadline for Receipt of Absentee Ballots, Relying Heavily on Supreme Court’s Earlier Ruling in South Carolina Case

As I noted in this Slate piece earlier this week, “Generally, though, the Republican side may be far more successful in blocking lower court orders sought by Democrats and voting rights groups seeking to expand voting by mail. Although Democrats … Continue reading

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“The Election Is Already Under Way in America’s Courts; And the two parties—and the judges they have appointed—are on completely divergent legal paths.”

Leah Litman in the Atlantic: The case captions tell much of the story. Republican Party officials, including those in President Trump’s reelection campaign, are trying to stop states’ efforts to expand voting—they are suing to prevent mail-in voting, extensions for … Continue reading

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“I’ve Never Been More Worried About American Democracy Than I Am Right Now; The pre-emptive attack on the vote count is a five-alarm fire.”

I have written this piece for Slate. It begins: With less than six weeks to go before Election Day, and with over 250 COVID-related election lawsuits filed across 45 states, the litigation strategy of the Trump campaign and their allies has … Continue reading

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Blockbuster Bart Gellman Atlantic Cover Story on Potential Election Meltdown Quotes Republican Sources Saying Trump Campaign May Try to Push State Legislators to Choose Presidential Electors Directly

Bart Gellman: There is a cohort of close observers of our presidential elections, scholars and lawyers and political strategists, who find themselves in the uneasy position of intelligence analysts in the months before 9/11. As November 3 approaches, their screens … Continue reading

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Watch Archived Video of UCI Event, “Are U.S. elections rigged, broken or dependable? Lessons from Canada and Australia Offer Insights for Improvement” (featuring Yasmin Dawood, Graeme Orr, and me, with Victoria Jones)

Watch: This webinar, recorded on September 21, 2020, covers international perspectives relevant to the upcoming U.S. Presidential Election. Co-sponsored by The UCI Office of Global Engagement, UCI Law and the Jack W. Peltason Center for the Study of Democracy, this … Continue reading

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In What I Consider to Be Among the Most Important Election Law Cases Before the November Election, Trump Campaign Renews Federal Challenge to Pennsylvania Voting Rules (with a Note on Nevada)

The federal case that had been put on hold pending the resolution of a parallel case in the Pa Supreme Court is now back on following the Pa. Supreme Court’s resolution of related state law claims. Here’s the Trump Campaign’s … Continue reading

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“Trump Is Waging A Multistate, Multimillion-Dollar Legal Battle Against Mail-In Voting During The Pandemic”

Zoe Tillman for BuzzFeed: President Donald Trump’s campaign and the Republican Party are devoting millions of dollars to wage a state-by-state legal battle against mail-in voting during the coronavirus pandemic, not only suing state officials but also intervening in cases where … Continue reading

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“Court examines North Carolina’s new law that requires photo IDs for voting”

WaPo: A federal appeals court on Friday struggled with how to weigh North Carolina’s history of discriminatory voting restrictions while examining the state’s latest election law that requires voters to present photo identification before casting ballots.The new photo ID provision has been … Continue reading

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“How to Know if the Election Is Actually ‘Rigged’; The November vote could be legitimate even if the voting process is flawed. A stable democracy depends on everyone being able to tell the difference”

Important Ned Foley in Politico: /already, both nominees have suggested that if they lose, it will be because of wrongdoing on the other side, raising the prospect that they might not accept a loss. In a speech in August, President … Continue reading

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Don’t Fall for Von Spakovsky’s “Tip of the Iceberg” Voter Fraud Bullshit Contained in Extensive Reuters Report on the Fraudulent Fraud Squad

Reuters does a deep dive into the small cadre of vote suppressors such as von Spakovsky, Christian Adams and Cleta Mitchell: This year, the Trump campaign and the Republican Party have cited concerns about voter fraud in a nationwide legal … Continue reading

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***Absolute Must Read:*** Ben Ginsberg, Noted Conservative Republican Election Lawyer, Calls Out Unsupported Republican Claims of Widespread Voter Fraud

When I linked to news last week that super lawyer Ben Ginsberg was retiring from Jones Day I wrote: Superstar election lawyer Ben, who served as national counsel for the Romney 2012 campaign, has been an important voice in recent … Continue reading

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