Slate has published my commentary on election reform. It begins:

With a meltdown in our election system in 2000 and a near meltdown again in 2004, one might think states would use the off-season to get their electoral rules in order. Many of the legal problems in 2004 emerged from areas of uncertainty in the law. (Remember the disputes before the November 2004 election over whether officials would count “provisional ballots” cast in the wrong precinct?) It seems to be in everyone’s interest for states to enact clear and fair rules so problems do not arise again during the 2006 midterm elections—or worse, during the 2008 presidential election. Make the rules clear and fair now, so the armies of lawyers won’t have much ammunition even in close elections.
Unfortunately, election reform is becoming mired in partisan politics, and the resulting rules changes are increasing, rather than decreasing, the chances of future litigation and election meltdown. Case in point: voter-identification laws.