Category Archives: Elections Clause

“The Intratextual Independent ‘Legislature’ and the Elections Clause”

October 28, 2014, 10:22 amElections ClauseRick Hasen

Michael Morley has posted this draft on SSRN. Here is the abstract: Article I’s Elections Clause and Article II’s Presidential Electors Clause confer authority to regulate congressional and presidential elections, respectively, specifically to State “legislatures,” rather than to States as… Continue reading

Justice Ginsburg Tells Nina Totenberg About 5 AM Texas Voter ID Decision

October 19, 2014, 5:11 pmElections Clause, Supreme Court, The Voting Wars, voter id, Voting Rights ActRick Hasen

From this event at the 92nd Street Y [my transcription, and there could be errors]: Nina Totenberg: Justice Ginsburg, you were up until … Friday night/Saturday morning, writing a passionate dissent in the Texas voter id case. Just to let… Continue reading

“U.S. high court could toss out Ariz. voting boundaries”

October 2, 2014, 7:29 pmcitizen commissions, Elections Clause, redistrictingRick Hasen

The Arizona Republic reports.

“The Supreme Court Just Took A Case That Could Make Partisan Gerrymandering Even Worse”

October 2, 2014, 8:40 amcitizen commissions, Elections Clause, redistricting, Supreme CourtRick Hasen

Ian Millhiser blogs.

“Don’t let Arizona and Kansas get away with potentially discriminatory voter registration rules”

September 2, 2014, 10:22 amElection Assistance Commission, Elections Clause, NVRA (motor voter), The Voting WarsRick Hasen

LAT editorial.

“Protecting Political Participation Through the Voter Qualifications Clause of Article I”

August 28, 2014, 5:20 pmelection administration, Elections Clause, The Voting WarsRick Hasen

Franita Tolson has posted this draft on SSRN (forthcoming Boston College Law Review). Here is the abtract: The Voter Qualifications Clause of Article I, Section 2 of the U.S. Constitution makes federal voting rights dependent upon participation in state elections.… Continue reading

“Constitution Check: Who decides who gets to vote?”

August 28, 2014, 1:50 pmElections Clause, NVRA (motor voter), The Voting Wars, votingRick Hasen

Lyle Denniston on Kobach v. EAC.

“Court hears arguments on voters having to prove citizenship”

August 26, 2014, 7:20 amelection administration, Election Assistance Commission, Elections Clause, The Voting Wars, voter registrationRick Hasen

The LA Times reports.

“‘Whoa, Whoa, Whoa’: 10th Circuit Not Quite Ready to Wade Into Dispute Between Kansas, Arizona and EAC”

August 26, 2014, 7:19 amelection administration, Election Assistance Commission, Elections Clause, The Voting Wars, voter registrationRick Hasen

A ChapinBlog.

“Federal appeals court questions Kansas’ proof-of-citizenship rules”

August 25, 2014, 4:39 pmElection Assistance Commission, Elections ClauseRick Hasen

The Wichita Eagle offers a detailed report on today’s Kobach v. EAC 10th circuit oral argument.

“Theis backs Kobach over ACLU in voter ID challenge”

July 12, 2014, 11:10 amelection administration, Elections Clause, The Voting Wars, voter idRick Hasen

AP: “A Shawnee County judge cleared the way Friday for Kansas to use a dual voting system to help enforce its proof-of-citizenship rule for new voters, suggesting that doing otherwise could taint the state’s August primary election.” Via Richard … Continue reading

10th Circuit Grants Stay in Kobach v. EAC Case

May 19, 2014, 7:17 pmElection Assistance Commission, Elections Clause, NVRA (motor voter), The Voting WarsRick Hasen

In this brief order, the 10th Circuit has stayed the district court’s order requiring the U.S. Election Assistance Commission to modify its federal voter registration form to require documentary proof of citizenship for AZ and KS residents. The appellate… Continue reading

“Fight over Kansas’ voter ID law heating up”

May 12, 2014, 9:50 pmElection Assistance Commission, Elections Clause, The Voting Wars, voter idRick Hasen

KSN reports.

“Court issues temporary stay over voter citizenship”

May 9, 2014, 10:16 amelection administration, Elections Clause, NVRA (motor voter)Rick Hasen

AP: Kansas and Arizona residents can continue to register to vote for now using a federal form without having to provide proof of citizenship, a federal appeals court ruled Thursday. The 10th Circuit Court of Appeals temporarily stayed a… Continue reading