July 25 Conference: “Democracy for All: What’s Next for Building Equity in California’s Elections?”

June 28, 2022, 6:15 amUncategorizedRick Hasen

New conference from the Future of California Elections (registration required): We are thrilled to bring back the annual Future of California Elections (FoCE) Network Conference in 2022! The FoCE Conference brings together elections officials, election reform advocates, researchers, organizers, and… Continue reading

ELB Book Corner: George Thomas: “The Constructed Constitution”

June 28, 2022, 6:00 amELB Book Corner, Supreme CourtRick Hasen

I am pleased to welcome to ELB Book Corner George Thomas, author of The (Un)Written Constitution. Here is the second of three posts: In the first post, I pointed to the unwritten ideas that constitutional interpretation necessarily rests… Continue reading

Shifting the Abortion Debate to the States: The Gerrymandering Angle?

June 28, 2022, 5:00 amUncategorizedBruce Cain and Emily Zhang

(From Bruce E. Cain) As people come to grips with the seismic political impact of the Dobbs v Jackson decision last week, the question of partisan skew in the state government landscape has come up. An example is this recent … Continue reading

2020 was not like 1876

June 27, 2022, 1:08 pmUncategorizedNed Foley

In a letter to the editor of the Wall Street Journal (June 22, 2022), John Eastman cites, among other scholarly works, two that I have written (including one coauthored piece) as support for his theory that Vice President Pence was entitled… Continue reading

UNH Law Review Symposium announcement

June 27, 2022, 12:25 pmUncategorizedNed Foley

I’m delighted to be writing a paper for this symposium, the announcement for which I’ve been asked to share with others who might be interested: University of New Hampshire Law Review Fall 2022 Symposium Request for Submissions Deadline: July 29,… Continue reading

Poll of the Day

June 27, 2022, 8:48 amUncategorizedBruce Cain and Emily Zhang

From NPR: Majorities of Americans say they disagree with the Supreme Court’s decision to overturn Roe v. Wade, think it was politically motivated, are concerned the court will now reconsider rulings that protect other rights, and are more likely… Continue reading

The Strange Tale of Tina Peters

June 27, 2022, 8:45 amUncategorizedBruce Cain and Emily Zhang

NYTimes: The strange tale of Tina Peters — a once-ordinary public servant consumed by conspiracy theories and catapulted to minor stardom by believers — will take its next twist on Tuesday, when voters decide whether to make the indicted… Continue reading

GOP poll watcher training casts unfounded suspicion on Arizona elections

June 27, 2022, 8:41 amUncategorizedBruce Cain and Emily Zhang

Votebeat: The Republican National Committee is telling potential Arizona polling place observers that there are “festering problems” in how elections are run, such as security issues with vote-counting machines and problems with voter rolls, as it trains them for… Continue reading

Must-Read Ned Foley Interview with Issac Chotiner of the New Yorker About the Need to Fix the Electoral Count Act and January 6

June 27, 2022, 7:05 amelection subversion riskRick Hasen

You can read it here.

ELB Book Corner: George Thomas: “There’s So Much That’s Not in the Constitution”

June 27, 2022, 7:00 amELB Book Corner, Supreme CourtRick Hasen

I am pleased to welcome to ELB Book Corner George Thomas, author of The (Un)Written Constitution. Here is the first of three posts: As we prepare for the Supreme Court to overturn Roe v. Wade, the country is… Continue reading

Supreme Court Does Not Issue Order in “Independent State Legislature” Theory Case, Making It Less Likely That the Court Will Hear the Case….

June 27, 2022, 6:39 amSupreme CourtRick Hasen

and more likely someone is writing a dissent from denial. I have more analysis in this twitter thread. I think it is more likely they’ll take the case out of Pennsylvania.

“The Supreme Court has chipped away at the Voting Rights Act for 9 years. This case could be the next blow.”

June 27, 2022, 6:08 amVoting Rights ActRick Hasen

Zach Montellaro for Politico: The Voting Rights Act of 1965 has been slowly whittled away over the last decade by the Supreme Court — and a case set to be heard in the fall could shrink the protections offered by… Continue reading

Bipartisan Effort on Electoral Reform

June 26, 2022, 10:19 amUncategorizedNed Foley

The National Institute for Civic Advocacy is hosting a program on bipartisan electoral reform, of which a revised Electoral Count Act is a key component. The program is tomorrow, Monday, June 27, at 10:30 ET, in Washington, DC, at the… Continue reading

Lee Drutman Bemoans the Decline of Competitive Districts

June 26, 2022, 7:05 amUncategorizedRichard Pildes

I was glad to see this piece by Lee, which Rick H. flagged earlier. At the start of this redistricting cycle, I argued that creating more competitive districts was one means, among several, to increase the election prospects of more… Continue reading