Category Archives: Elections Clause

“The Dangerous Independent State Legislature Theory”

March 27, 2022, 5:10 amElections ClauseDerek Muller

To the growing body of recent scholarship on the topic, this piece from Jason Marisam, forthcoming in the Michigan State Law Review: In 2020, conservative justices and the Trump Campaign championed a theory, known as the independent state legislature… Continue reading

Election litigation update for week ending March 25, 2022

March 25, 2022, 2:21 pmelection administration, Elections Clause, redistrictingDerek Muller

Filing a complaint or winning a judgment are actions good enough to earn the headlines, but there’s plenty of election litigation ongoing throughout the United States at various stages. A taste of a few things that happened over the past… Continue reading

“Oklahoma Supreme Court hears arguments in Jim Inhofe special election challenge”

March 24, 2022, 6:33 amelection administration, Elections ClauseDerek Muller

Coverage in the Oklahoman: The Oklahoma Supreme Court on Wednesday heard oral arguments in a case challenging the timing of the special election to fill the U.S. Senate seat being vacated by Jim Inhofe. Enid attorney Stephen Jones argues that because… Continue reading

Watch Today’s Congressional Hearing on the Elections Clause

July 12, 2021, 8:03 amelection law biz, Elections ClauseDan Tokaji

You can find the witness list, written testimony, and video link here. Today’s hearing before the House Administration Committee starts at 1:00 ET and will be livestreamed. I’ll be testifying, along with Jack Rakove, Franita Tolson, and Michael… Continue reading

Monday’s Congressional Hearing on the Elections Clause

July 9, 2021, 8:22 amelection law biz, Elections ClauseDan Tokaji

On Monday at 1:00 ET, the House Administration Committee will hold a hearing on “The Elections Clause: Constitutional Interpretation and Congressional Exercise.” It will conducted virtually. You can find a witness list and view the livestream at this link.… Continue reading

“The Meaning, History, and Importance of the Elections Clause”

June 30, 2021, 7:22 amElections ClauseRick Hasen

Eliza Sweren-Becker and Michael Waldman have posted this draft on SSRN (forthcoming, Washington Law Review). Here is the abstract: Historically, the Supreme Court has offered scant attention to or analysis of the Elections Clause, resulting in similarly limited scholarship on… Continue reading

“One GOP legal claim failed in 2020 but could change how future elections are run”

January 28, 2021, 8:44 amElections ClauseRick Hasen

Jordan Wilkie for Carolina Public Press: Each expert to whom CPP talked for this story said that, in election litigation in the United States, the motivation is always driven at least in part by the pursuit of power, and that… 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

Franita Tolson: Taking the Elections Clause Seriously after Rucho v. Common Cause (Rucho symposium)

July 2, 2019, 7:00 amElections Clause, redistricting, Supreme CourtRick Hasen

The following is a guest post from Franita Tolson, part of the symposium on Partisan Gerrymandering after Rucho: In Rucho v. Common Cause, the Supreme Court held that a partisan gerrymandering claim presented a nonjusticiable political question… Continue reading

“Only One Roadblock on the Road to Reform: Mitch McConnell”

March 9, 2019, 11:20 amcampaign finance, election administration, Elections Clause, Fixing Election Administration, legislation and legislatures, redistricting, The Voting Wars, voter registrationJustin Levitt

The NY Times Editorial Board calls HR 1 the “Merrick Garland of reform legislation.”

H.R. 1 Coverage Roundup

March 8, 2019, 11:16 amcampaign finance, conflict of interest laws, election administration, Elections Clause, Fixing Election Administration, legislation and legislatures, redistricting, voter registrationJustin Levitt

AP NPR CBS CNN Fox NBC New York Times Washington Post USA Today Wall St. Journal HuffPost Mother Jones TPM Vox The Hill (and here, and here) Roll Call The Guardian Tampa Bay Times (bonus: zombies!)

House Passes H.R. 1

March 8, 2019, 11:15 amcampaign finance, conflict of interest laws, election administration, Elections Clause, felon voting, Fixing Election Administration, legislation and legislatures, redistricting, voter registration, votingJustin Levitt

Final vote: 234-193. UPDATE: The text of the whole thing [will be] here. (As of 7:30pm ET on 3/8/19, the only text appears to be from an earlier version: the version actually considered is a combination of this… Continue reading