This POLITICO article argues that Section 2 of the Fourteenth Amendment offers a way to penalize states that deny “or in any way abridge[]” the right to vote.  The federal government has never enforced this penalty clause.  If it did,… Continue reading

This Washington Post article broke the news that the Justice Department is investigating former President Donald Trump’s actions in planning to overturn the 2020 election as part of its criminal probe.  Prosecutors questioning witnesses before a grand jury have inquired… Continue reading

The Atlanta Journal-Constitution reports that Republican vigilante voters are asking local election boards to cancel thousands of voter registrations.  They rely on a law passed after the 2020 election.  It permits any voter to challenge the eligibility of other Georgia… Continue reading

This New York Times article discusses previously unrevealed communications among Trump campaign aides and outside associates about fake electors.  They emphasized creating a list of people to claim to be electors in battleground states Trump had lost. “In emails reviewed by The… Continue reading

Professor Curtis Bradley and Professor Eric Posner have written a thought-provoking empirical paper on how the political question doctrine has operated in the lower courts since Baker: “There have long been debates about the nature, scope, and legitimacy of the political… Continue reading

This Politico piece notes that key members of the House Select Committee on the January 6 Attack are “unimpressed” by the proposed bipartisan ECRA bill: “Rep. Jamie Raskin (D-Md.) called the Senate effort ‘fine and necessary, but not remotely sufficient to meet… Continue reading

This ProPublica investigation tells the story of ten Florida men convicted of felonies and charged with voter fraud.  In 2018, Florida voters passed Amendment 4.  It restored the voting rights of most state residents with felony convictions.  A later law enacted by… Continue reading

Scott Bauer’s Associated Press article addresses whether decertification of the 2020 election is possible.  Recently, the Wisconsin Supreme Court ruled that absentee drop boxes are illegal.  Former President Trump and his allies argue that this 4-3 decision renders any ballots cast… Continue reading

The Milwaukee Journal Sentinel covers a lawsuit seeking to overturn a Wisconsin Supreme Court decision banning some forms of ballot-return assistance.  The four voters bringing suit have severely limited mobility.  They contend that the decision violated their rights under the… Continue reading

This USA Today article describes the U.S. Election Assistance Commission’s survey of voters with disabilities released today.  An estimated 47.2 million voters in the United States have disabilities.  One of the study’s most significant findings is that fifteen percent of… Continue reading

This Associated Press report relates the Wisconsin Dane County Election Security Task Force’s latest findings.  Equipment and election workers in the State’s second largest county face substantial risks.  They are not alone: “Local elections officials around the country have reported… Continue reading

ABC News reports that a judge has disqualified the Fulton County district attorney from subpoenaing a fake elector, asking a grand jury to indict him, and categorizing him as a target of an investigation.  The district attorney, who had held… Continue reading

The editors of the National Review call for Republicans in Congress to endorse the bipartisan bill.  Among its virtues, the ECRA “would explicitly bar state legislatures from overriding an Election Day popular vote by meeting after Election Day to appoint… Continue reading

In this Roll Call opinion, Walter Shapiro urges Democrats in Congress to focus on passing the ECRA over current legislative priorities.