Codrington on Voting and State Constitutions

May 20, 2023, 7:52 amConstitutional Right to VoteDerek Muller

Wilfred U. Codrington III, Voting Under State Constitutions (forthcoming, Oxford Handbook of American Election Law): Unlike their federal counterpart, state constitutions confer the right to vote in plain and affirmative terms. State charters also contain unique provisions that, among other… Continue reading

“Georgia plans security checks of voting equipment before ’24 elections”

May 20, 2023, 4:22 amelection administrationDerek Muller

Atlanta Journal-Constitution: Voting equipment across Georgia will undergo security “health checks” ahead of the 2024 presidential election, including efforts to verify that software hasn’t been altered, according to a plan announced Friday by Secretary of State Brad Raffensperger. Voting… Continue reading

“Judge orders Rudy Giuliani to detail finances in election defamation suit”

May 20, 2023, 4:21 amelection administrationDerek Muller

Politico.

“In closing arguments of Kari Lake’s signature verification trial, attorneys focus on trust in elections”

May 20, 2023, 4:20 amelection administrationDerek Muller

Arizona Republic.

“Bruce Castor dumps Rudy Giuliani as a client: ‘He’s not cooperating, and he’s not paying me'”

May 19, 2023, 2:34 pmelection administration, electoral collegeDerek Muller

Philadelphia Inquirer: Bruce Castor, the former Montgomery County district attorney and county commissioner who represented former President Donald Trump during his second impeachment trial, filed an eight-page motion in Philadelphia Common Pleas Court on Tuesday, asking to no longer… Continue reading

“One third of Oregon Senate now barred from reelection by walkout penalties”

May 19, 2023, 2:31 pmlegislation and legislaturesDerek Muller

Earlier this week, I blogged about three Oregon senators. That escalated quickly. From the Portland Tribune: One-third of all Oregon senators are now ineligible for another term following the 13th day of a Republican walkout in the Senate. Six… Continue reading

“Shasta supervisor renews unproven claims of voter fraud as he sets town hall on hand counts”

May 19, 2023, 2:29 pmelection administration, fraudulent fraud squadDerek Muller

Rarely do you see an elected official claim his own election was tainted by fraud. You can see the elected official concede he did not win a free and fair election around 3:14:15, here. Perhaps a quo warranto action… Continue reading

“Fulton DA teases possible August charges in Trump probe”

May 19, 2023, 9:01 amelectoral collegeDerek Muller

Atlanta Journal-Constitution: Fulton County District Attorney Fani Willis hinted that she might seek indictments in early to mid-August in her long-running inquiry of former President Donald Trump and his allies. The timetable was disclosed in a Thursday letter to… Continue reading

“FEC complaint calls for federal probe of Sen. Kyrsten Sinema spending”

May 19, 2023, 9:01 amcampaign financeDerek Muller

Arizona’s Family has the complaint here: A complaint filed Thursday with the Federal Election Commission asks regulators to open a formal investigation into campaign spending by Arizona Sen. Kyrsten Sinema. Sinema has faced mounting questions about the legitimacy of… Continue reading

Georgia moves to toss United States’ SB 202 suit under the Voting Rights Act after 11th Circuit opinion

May 19, 2023, 9:00 amVoting Rights ActDerek Muller

Last month, I noted the dispute over whether Section 2 of the Voting Rights Act extends to legislation with a discriminatory purpose or only discriminatory effect. The Eleventh Circuit, in a case out of Florida, held that Section 2… Continue reading

DC Circuit rejects Heritage Action’s effort to intervene in Campaign Legal Center suit against FEC

May 19, 2023, 7:15 amfederal election commissionDerek Muller

You can see the DC Circuit’s unanimous opinion in Campaign Legal Center v. Federal Election Commission, here. The introduction of the opinion: Heritage Action for America appeals the denial of its post-judgment motion to intervene as of right, FED.… Continue reading

“False claims of a stolen election thrive unchecked on Twitter even as Musk promises otherwise”

May 19, 2023, 7:11 amcheap speech, fraudulent fraud squadRick Hasen

AP reports.

“What if that ‘Succession’ Election Plotline Happened in Real Life?” Interview with Mehdi Hasan

May 19, 2023, 6:59 amUncategorizedRick Hasen

You can watch here, as Mehdi interviews Claire Woodall-Vogg and me: See also my earlier Slate piece on this question.

Fifth Circuit holds legislative privilege prevents inquiry into legislative process, even for questions of racial discrimination in voting rights suit

May 19, 2023, 4:54 amlegislation and legislatures, Voting Rights ActDerek Muller

The Fifth Circuit this week handed down its decision in La Union Del Pueblo Entero v. Abbott. This was a challenge to Texas’s SB 1 brought by organizations represented by the Elias Law Group. At issue was a discovery… Continue reading

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The law of politics and the politics of law