My piece with that title, for the Stanford Law Review’s online Symposium: Safeguarding the Fundamental Right to Vote, is now published. Here’s the abstract: Election law now operates in a sea of pervasive distrust. The voting wars have led to… Continue reading

I’ve posted this paper on SSRN. Originally presented as part of a symposium on “The Constitution and Democratic Erosion,” it will be published by the Drake Law Review. Here’s the abstract: The Madisonian premises of the Constitution need… Continue reading

Heather Balas, vice president of the Election Reformers Network, and Amber McReynolds, a leading expert in election administrator and governor for the U.S. postal services, challenge tpractice of partisan election administration, arguing it is ill-suited to an era of polarization.… Continue reading

An opinion piece, entitled “Putin wants to hack our elections. Here’s how we stop it,” by Kentucky Secretary of State Trey Grayson (R-KY) and former Congressman Reid Ribble (R-WI), calls on Congress to prioritize election cyber security. Over recent years,… Continue reading

Ryan Goodman and Justin Hendrix at Just Security have published a “Primer on the Hearings of the January 6th Select Committee.” Helpfully, “[t]he resource is structured around the key prongs of the investigation itself — how the Select… Continue reading

Based on the recent redistricting saga in New Hampshire, I’ve published this essay at Real Clear Politics. Maine went through a similar extended saga with its two congressional districts in the 2010 round of redistricting. Here’s an excerpt: In New… Continue reading

From the WSJ (behind paywall): Onetime celebrity lawyer Michael Avenatti was sentenced to four years in prison Thursday for stealing $300,000 from the adult-film actress Stormy Daniels, whom he represented in her battles with former President Donald Trump. U.S.… Continue reading

NBC News is reporting increasing concerns among Democrats about the potential implications of John Fetterman’s health status, including whether there will be a need to brush up on the state’s ballot replacement provisions. Those laws defer to state party rules… Continue reading

As I move from UCI to UCLA, ELB is moving too. The site will be down and unreachable beginning on June 7. We anticipate it will be available again late on the 7th or on June 8. Thanks for reading,… Continue reading