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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Breaking and Analysis: Federal Court Steps Aside for Now in Dispute over Drop Boxes and Other Pennsylvania Election Rules

In a thoughtful 37-page opinion, in one of the most closely watched pieces of litigation surrounding the conduct of the 2020 election, a federal court (Trump appointee Judge Nicholas Ranjan) has used Pullman abstention to decline to consider the Trump … Continue reading

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Angelo Genova, Lawyer for DNC in the RNC Consent Decree Case for 40 Years, Sends Along Thoughts on Trump’s Comments About Sending Law Enforcement to the Polls in November

Angelo Genova, speaking for himself and not the DNC, writes: Rick : I read your piece today. I  too have  watched and heard with great disappointment , but no surprise , the recurring narrative emanating from President Trump and the … Continue reading

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Echoing Reasons for Issuance of 1981 Consent Decree Against the RNC, Trump Threatens to Send Law Enforcement to Watch Polls. What Happens Next?

Back in 1981, the RNC agreed to a consent decree, which remained in place in various forms until 2017. It prevented the RNC from engaging in certain activities which intimidated minority voters. As I explained in this January 2019 Slate … Continue reading

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Today’s Must Read is David Graham in the Atlantic: “The ‘Blue Shift’ Will Decide the Election Something fundamental has changed about the ways Americans vote.”

The Atlantic: This sort of late-breaking Democratic vote is the new, though still underappreciated, normal in national elections. Americans have become accustomed to knowing who won our elections promptly, but there are many legitimate votes that are not counted immediately … Continue reading

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Kansas Files Supreme Court Cert Petition in Schwab v. Fish (Formerly Fish v. Kobach), Seeking Right to Require Voters to Prove Their Citizenship with Birth or Naturalization Certificate Before Registering to Vote

The cert. petition is here. I wrote extensively about this case, and the lack of evidence that such a law is justified by a problem with noncitizen voting, in Election Meltdown. … Continue reading

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“Ranking Member Davis Sends Ten Oversight Election Letters To Problematic Localities”

Release:  Committee on House Administration Ranking Member Rodney Davis (R-Ill.) today exercised the committee’s oversight role of federal elections by seeking to engage with localities where significant issues occurred during recent primaries and where voters are likely to face significant … Continue reading

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In Worrisome Decision, 11th Circuit Panel on 2-1 Vote Rejects Challenge to Alabama Voter Identification Law Without Allowing a Trial

You can find the opinion in Greater Birmingham Industries v. Alabama at this link. This opinion is very troubling because the majority held it was appropriate to grant summary judgment to the state of Alabama despite evidence that at least … Continue reading

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In Must-Read Piece on Dysfunction at the U.S. Election Assistance Commission, Jessica Huseman Reveals that Excellent Republican Commissioner Matt Masterson Was Forced Out by Von Spakovsky and EAC Commissioner McCormick for Being “Insufficiently Partisan”

In my 2012 book, The Voting Wars, I chronicled how Congress created the United States Election Assistance commission in 2002 after the debacle of 2000’s Bush v. Gore, how the agency started out with great promise as one that could … Continue reading

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Breaking: 7th Circuit, after 3 Year Delay, Decides Challenge to Wisconsin Voter ID and Related Voting Provisions, in Short Unanimous Opinion, Upholding and Striking Down Some Parts of Law; This is Mostly a Loss for Voting Rights Plaintiffs

You can find the 27-page unanimous decision, with no explanation for the 3 year delay in this case, at this link. This is mostly a loss for the plaintiffs in these cases, as the appeals court rejected many (though not … Continue reading

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Bizarre Washington Examiner Article Posits Republican Fear That Democrats Will “Wield Voting Rights Like a Cudgel” After Georgia Primary Election Meltdown

Washington Examiner: Republican insiders in Georgia are warning after a balloting meltdown in Fulton County that Democrats could wield voting rights like a cudgel, galvanizing turnout this fall to defeat President Trump in the traditionally red state.Georgia Republicans blame problems … Continue reading

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Breaking: Federal District Court, in Sweeping Opinion, Holds That Texas Must Allow Voters Who Wish to Vote by Mail to Do So In Light of COVID, But The Opinion is Vulnerable to Reversal by 5th Circuit

In a sweeping opinion complete with lofty language and an odd choice of using Appendices, a federal district court has held that it would be unconstitutional to bar Texas voters who lack immunity from COVID-19 and wish to vote by … Continue reading

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Must-Read NYT: “Freed by Court Ruling, Republicans Step Up Effort to Patrol Voting; Officials seek to recruit 50,000 poll watchers and spend millions to fight voter fraud. Democrats say the real goal is to stop them from voting.”

NYT: Six months before a presidential election in which turnout could matter more than persuasion, the Republican Party, the Trump campaign and conservative activists are mounting an aggressive national effort to shape who gets to vote in November — and … Continue reading

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