Can states exclude from the ballot congressional candidates they deem lack the qualifications for office?

January 11, 2022, 4:44 amelection administrationDerek Muller

Some private plaintiffs have sued to try to exclude Representative Madison Cawthorn from the North Carolina congressional ballot on the grounds that he engaged in “engaged in insurrection or rebellion,” which disqualifies him from office under the Fourteenth Amendment.… Continue reading

WaPo “Factchecker” on “Jim Crow 2.0” Senate debate

January 11, 2022, 3:18 amDepartment of Justice, voting, Voting Rights ActNed Foley

Accurately describing itself as a “reader service,” this new Fact Checker analysis carefully details the arguments on both sides and the relevant provisions of the new laws in key states (like Georgia and Texas), including the DOJ and other lawsuits… Continue reading

ECA reform must be bipartisan

January 10, 2022, 6:58 pmelection subversion riskElectoral Count ActNed Foley

The ACS Expert Forum has posted my essay Reforming the Electoral Count Act requires bipartisan buy-in—Democrats can’t do it alone even with filibuster reform. I won’t repeat what I wrote there, but here are some points: First, in my… Continue reading

“Pennsylvania Republicans want a lot more power in redistricting for state maps”

January 10, 2022, 6:20 pmUncategorizedNicholas Stephanopoulos

Pennsylvania Republicans are furious over the prospect of a fairer state house map, and so are proposing to replace the existing commission with a new one biased in their favor and lacking ultimate authority over redistricting. (The proposal is likely… Continue reading

“How do we know Trump’s election fraud claims are bogus? Take a look at Pennsylvania.”

January 10, 2022, 6:12 pmUncategorizedNicholas Stephanopoulos

Conservative columnist Henry Olsen takes the time to debunk lies about election fraud in Pennsylvania. Contrary to ridiculous claims about fraudulent ballots in Philadelphia and Pittsburgh, turnout increased less in Pennsylvania’s big cities in 2020 than just about everywhere else… Continue reading

“Pro-Trump Republicans try to rewrite state election laws as a voting rights showdown looms in Congress”

January 10, 2022, 6:08 pmUncategorizedNicholas Stephanopoulos

Fresh off passing dozens of electoral changes in 2021 — many of them making it harder to vote or increasing the likelihood of election subversion — legislatures in states like Arizona, Florida, Michigan, and Wisconsin are now at it again.… Continue reading

Challenge to Rep. Cawthorn’s Eligibility

January 10, 2022, 6:02 pmUncategorizedNicholas Stephanopoulos

A lawsuit was filed challenging Rep. Cawthorn’s eligibility to serve in Congress on the ground that he helped incite the Jan. 6, 2021 insurrection and thus violated Section 3 of the Fourteenth Amendment. If this suit progresses, others will certainly… Continue reading

“Advantaging Authoritarianism: the U.S. Electoral System”

January 10, 2022, 5:58 pmUncategorizedNicholas Stephanopoulos

Protect Democracy just published this sobering report on antidemocratic extremism in the American political system. America’s authoritarian faction is both more extreme and more successful than similar movements in other advanced democracies. Yet despite its ascendency, this faction does not… Continue reading

“Steve Bannon Is On to Something”

January 10, 2022, 5:54 pmUncategorizedNicholas Stephanopoulos

Ezra Klein observes that Republicans currently seem more focused than Democrats on lower-level positions, especially ones with authority over election administration. Ironically, for much of the twentieth century, it was Democrats who dominated elections at all subpresidential levels. That edge… Continue reading

Fareed Zakaria: “What Will it Take to Save American Democracy?”

January 10, 2022, 7:49 amUncategorizedRichard Pildes

I’m gratified to see that Fareed Zakaria, in his current special on the challenges democracies currently face, is picking up my views on the rise of political fragmentation and the risks it poses: On the anniversary of January 6, as… Continue reading

“Sen. Manchin’s Freedom to Vote Act would help stop gerrymandering, our research finds”

January 10, 2022, 6:18 amUncategorizedredistrictingNicholas Stephanopoulos

This very useful analysis explains how the FTVA’s rebuttable presumption of unlawful gerrymandering works and identifies which new congressional maps would trigger that presumption. Unsurprisingly, maps drawn by legislators are much more likely to trigger the presumption than maps drawn… Continue reading

“Policy to Advance Good Faith Election Observation”

January 10, 2022, 6:01 amUncategorizedNicholas Stephanopoulos

A new report by the Bipartisan Policy Center on improving election observation: This report outlines policy best practices for election observers and challengers. The set of recommendations is unanimously endorsed by the Bipartisan Policy Center Task Force on Elections,… Continue reading

“Nicholas Kristoff’s New York Domicile”

January 10, 2022, 5:58 amUncategorizedNicholas Stephanopoulos

This is a guest post by Ed Zelinsky: The office of Oregon’s Secretary of State has concluded that Nicholas Kristoff fails the three year residency requirement of Oregon’s Constitution to run for the governorship of Oregon. Ore. Const. Art. V,… Continue reading