“Five Ways Tuesday’s Results Will Affect Voting Rules and Democracy”
New at Bolts.
“Gavin Newsom Just Proved It: Voters Want Democrats to Fight Fire With Fire”
I have written this piece for Slate. It begins:
If Democrats and those on the left want to draw one lesson from the lopsided 64–36 victory of Proposition 50 in California earlier this week, it is that the public understands… Continue reading
“Two Republican Incumbents Will Face Off as Red Turf Shrinks in California”
NYT:
A day after California voters shrunk the number of safe Republican House seats through a Democratic gerrymander, two endangered incumbents said they would square off against each other in a high-stakes bid for political survival next year.
Representative Ken… Continue reading
“Kansas mayor charged with alleged voter fraud; state leader says ‘hundreds’ more cases expected”
Kansas Reflector:
The mayor of a small south-central Kansas town has been charged with committing fraud by voting in elections since 2022 even though he is not a United States citizen, the state’s attorney general and secretary of state said… Continue reading
Watch Video of My “America at a Crossroads” Conversation with Larry Mantle on Prop 50, Redistricting Litigation, and the Integrity of the 2026 Midterm Elections
Here on Youtube:
“Cyclical Misalignment: A History of Campaign Finance Law”
Tony Gaughan has posted this draft on SSRN (forthcoming, Ohio State Law Journal). Here is the abstract:
The role of money in politics poses a thorny challenge to democratic government. In a healthy democracy, individual voters should have an equal… Continue reading
“Professor Pildes: Effective Government Is the Forgotten Pillar of Democracy”
I did this extended interview for the European Center for Populism Studies. Here is their summary:
In an interview with the ECPS, Professor Richard H. Pildes, one of America’s leading constitutional scholars, warns that democracy’s survival depends not only on… Continue reading
“Republicans Swiftly File Lawsuit in Bid to Block California’s New House Maps”
NYT:
The lawsuit filed on Wednesday accuses California of violating the Constitution “when it drew new congressional district lines based on race, specifically to favor Hispanic voters, without cause or evidence to justify it.” The lawsuit points to statements made… Continue reading
“Redistricting Battles, Set Off by Trump, Have Few Parallels in U.S. History”
NYT:
But election lawyers and experts say that what is happening now is a crisis with few parallels in American history, especially given the potential weakening of the Voting Rights Act, which the Supreme Court is expected to rule on… Continue reading
“California Strikes Back in the Redistricting War”
Jon Allsop for The New Yorker.
The Complaint Filed By Republicans Against the Maps Created by California’s Prop 50 Raising Racial Gerrymandering and Intentional Discrimination Claims Faces an Uphill Battle, Especially Given 2026 Timing
You can find the complaint here. The main argument in the case is that plaintiffs engaged in a racial gerrymander by making race the predominant factor in drawing district lines without s compelling reason to to so. The primary… Continue reading
The New Fraudulent Fraud Squad: “Trump Administration Chooses a Critic of California Elections to Monitor Them”
NYT:
When the Justice Department announced a week and half ago that it would send monitors to watch California’s elections, it didn’t say who exactly would be doing the monitoring.
For Orange County, a populous and ethnically diverse area south… Continue reading
Joey Fishkin: “California’s Prop 50 passed. Now, here’s how to end partisan redistricting once and for all “
Joey Fishkin with an important piece in the SF Chronicle:
The nationalization of politics also provides an opening to solve this problem. Congress has the power to do what it did in 1842: Enact a statute to bring both parties… Continue reading
“Mark Cuban Joins Legal Fight Against Dark Money and Super PACs”
This is a story in Sportico about HLS’s Election Law Clinic’s amicus brief on behalf of a group of billionaires arguing that Maine’s limit on Super PAC contributions doesn’t burden their speech and serves important goals including preventing corruption and… Continue reading