Once again it has been a busy year for the Election Law Blog and 2019 promises some major developments as well in the area of voting rights, campaign finance, redistricting, polarization, the Supreme Court and other topics.
I’ve got a few new projects in the works (more about that over the next few months), and a full load of teaching and speaking coming up.
I wish all my readers a safe, healthy, and happy 2019.
Below the fold you’ll find a list of books, articles, and opeds that I’ve published (or that were released in draft) in 2018. Thanks for reading! Continue reading Happy New Year!
Evenwel v. Abbott left open the constitutional question about whether states or localities could draw districts containing equal numbers of voters.
Now, as expected, if the citizenship question remains on the next census, some states or localities could try to draw lines in this way, which would have profound effects on representation in some places.
Michael Herron has posted this draft in progress. Here is the abstract:
The aftermath of the 2018 Midterm Election in North Carolina has been marred by allegations of absentee ballot fraud in the state’s 9th Congressional District, in particular in Bladen County, one of the eight counties in North Carolina that intersects this district. Consistent with these allegations, we show that Bladen County’s election returns in 2018 are anomalous in that Congressional candidates in the county had mail-in absentee support rates inconsistent with their election day support rates. Moreover, across the North Carolina Midterm and General Elections of 2010, 2012, 2014, 2016, 2018, Bladen County in 2018 exhibits the most anomalous mail-in absentee versus election day difference of any year–county pairing. A similar conclusion holds when comparing Bladen County’s 2018 mail-in absentee and election day returns to comparable returns in Arkansas, Georgia, and Oklahoma, three states that tabulate election results in a way that facilitates comparisons with North Carolina’s. In addition, Congressional election returns in Bladen County exhibit anomalous mail-in absentee voting patterns in the 2016 General Election and in the 2018 Republican Primary. In short, either Bladen County is idiosyncratic in a heretofore unexplored fashion, or the recent mail-in absentee ballot fraud allegations involving this county merit serious attention.
With the State Board of Elections and Ethics Enforcement disbanding at noon Friday under a court order, Gov. Roy Cooper said he would appoint an interim board to continue investigating allegations of election fraud in the 9th Congressional District race until a new law at the end of January.
A three-judge panel ruled Thursday that they would no longer stay their ruling declaring the current structure of the elections board unconstitutional, meaning the board is ordered to dissolve.
Meanwhile, lawmakers on Thursday passed legislation over Cooper’s veto that sets a new structure for the board, but it doesn’t go into effect until Jan. 31 so that the existing board could complete its investigation into the 9th District race.
Meanwhile, Mark Harris may try to move the issue to federal court:
And it may be that the decision on who gets seated in the race eventually will depend upon resolution by the U.S. House.