The Chief’s two paragraph order is here. I am not surprised at the result. The order sheds little light on the broader question of “as applied” challenges to the electioneering communications provisions of BCRA.

Tova Andrea Wang of the Century Fund has written African Americans, Voting Machines, and Spoiled Ballots: A Challenge to Election Reform. Here is the abstract: In the wake of the 2000 presidential election debacle, Congress passed the Help America… Continue reading

A.P. offers this report, which begins: “ANNAPOLIS, Md. – The state’s highest court on Tuesday rejected a demand that citizens who do not trust touch-screen voting machines be given the option of using a paper ballot and that Maryland… Continue reading

The Sun-Sentinel offers this report.

See this report, which begins: “The Alaska Supreme Court acted quickly Tuesday afternoon to reverse a lower court order and strip Republican Moderate Party candidate Ray Metcalfe’s name from the Nov. 2 general election ballot.”

See this report from Arizona.

See the very doubtful claim made here.

The Federalist Society will be holding this event at noon on October 14 in Washington D.C. Confirmed participants include: * Mr. Craig M. Engle, Arent Fox * Mr. Craig Holman, Legislative Representative, Public Citizen * Mr. Michael J. Malbin, Executive… Continue reading

I have posted this working paper on SSRN. Here is the abstract: The unprecedented California recall election of 2003 also spawned an unprecedented amount of litigation over the rules for the recall itself. Much of that litigation was patently frivolous,… Continue reading

See Foes Say Gambling Vote Could Foil State in the Los Angeles Times.

Roll Call offers this report.

See this brief New York Times report and this Marketplace (audio) report.

A reader writes with the following hypothetical: It was my thinking …that there would actually be a legitimate case against applying the initiative retroactively for this reason: As a voter, I would walk into my polling place not knowing the… Continue reading

A.P. offers this report.