“Voter confidence ticks up in 2022 — but deep partisan divides remain”

May 26, 2023, 6:08 amUncategorizedGuy Charles

Zach Montellaro of Politico with this report on the partisan divide on voter confidence. A notable paragraph from the story: That growth comes almost entirely from Republicans, even as a dramatic partisan gap remains. Democrats’ confidence in the nationwide count… Continue reading

“Oath Keepers founder Stewart Rhodes gets 18 years for Jan. 6 seditious conspiracy”

May 26, 2023, 6:00 amUncategorizedGuy Charles

This story from Politico‘s Kyle Cheney. A key paragraph from the story: “You, sir, present an ongoing threat and a peril to this country, to the republic and to the very fabric of our democracy,” said U.S. District Court Judge… Continue reading

“Menendez Investigation Is Said to Involve Questions About Luxury Gifts”

May 26, 2023, 5:55 amUncategorizedGuy Charles

This story from the New York Times by Tracey Tully and William K. Rashbaum. Here’s the lede: Federal prosecutors and the F.B.I. are investigating whether Senator Robert Menendez or his wife received unreported gifts of a luxury car and an… Continue reading

The Curious Failure to Cite to Rehnquist’s Bush v. Gore Concurrence and the Independent State Legislature Theory in 2004 Salazar Case; The Issue Was Clear to Justice Stevens’ Then-Clerk (and Now-CA Supreme Court Justice) Leondra Kruger

May 25, 2023, 5:01 pmBush v. Gore reflections, legislation and legislatures, Supreme CourtRick Hasen

As the independent state legislature theory remains in limbo in Moore v. Harper, I’ve thought back on Chief Justice Rehnquist’s dissent from denial of cert in Colorado General Assembly v. Salazar (2004) (a case that few other than Derek Muller… Continue reading

“Judge schedules trial in lawsuit against Wisconsin’s fake electors for weeks before 2024 presidential election”

May 25, 2023, 9:20 amUncategorizedGuy Charles

This story from the Milwaukee Journal Sentinel. The lede: A trial in a Wisconsin lawsuit over the actions of 10 Republicans who posed as electors for Donald Trump in 2020 despite his election loss will take place just weeks before… Continue reading

Mike Gilbert Guest Post: What Election Law Can Learn From Law & Economics

May 25, 2023, 9:16 amUncategorizedGuy Charles

This is a guest post by Professor Mike Gilbert: With many thanks to Rick for the invitation, I’m writing about a book of mine that may be of interest to the election law community. The title is Public Law… Continue reading

Rick Pildes is Primary ELB Blogger Next Week

May 25, 2023, 8:05 amUncategorizedRick Hasen

Please direct any tips and comments to Rick P. And thanks to Guy for holding down the fort this week!

More on Constitutional Electoral Reform: Rick LaRue Responds to Henry Olsen

May 25, 2023, 6:25 amUncategorizedGuy Charles

Rick LaRue replies here to Henry Olsen’s comments on LaRue’s electoral reform proposals.

“Florida Omnibus Voter Suppression Law Challenge”

May 25, 2023, 6:09 amUncategorizedGuy Charles

From the Democracy Docket. A snippet: Lawsuit filed on behalf of the Florida State Conference of Branches and Youth Units of the NAACP, Equal Ground Education Fund, Voters of Tomorrow, Disability Rights Florida, Alianza for Progress, Alianza Center, UnidosUS… Continue reading

How are state legislatures responding to the Electoral Count Reform Act?

May 24, 2023, 11:26 amelectoral collegeDerek Muller

The Electoral Count Reform Act tweaked a number of aspects of presidential elections. Last December, I noted that state legislatures needed to reexamine their election codes. And many state legislatures have noticed and are responding appropriately. Some responses are… Continue reading

“Roberts: Supreme Court seeks to assure public on justices’ ethics”

May 24, 2023, 5:17 amUncategorizedGuy Charles

This story in Politico by Josh Gerstein. A snippet: Chief Justice John Roberts signaled Tuesday that the Supreme Court is attuned to public ethics concerns about the justices, saying that he’s seeking ways to address those worries without jeopardizing the… Continue reading

(Updated with correct link) Oregon House Passes Act Calling for Ranked Choice Voting

May 24, 2023, 5:04 amUncategorizedGuy Charles

The bill is here. For more details, see here.

“Justice Thomas and the January 6th Cases”

May 24, 2023, 4:54 amUncategorizedGuy Charles

A Balkinization post by Gerard N. Magliocca

“Judge recommends City of Miami toss out its district map over ‘racial gerrymandering'”

May 23, 2023, 6:57 pmUncategorizedGuy Charles

A story by WLRN reporter Joshua Ceballos on this ACLU lawsuit alleging that the City of Miami’s electoral districts were racially gerrymandered. A snippet from the WLRN story: A federal magistrate judge has recommended that the City of Miami throw… Continue reading