This New York Times article highlights the Justice Department’s escalating criminal probe into the events of January 6th.  It traces the connections of then-President of the Arizona Senate, Karen Fann, and Arizona State Senator Kelly Townsend.  Both senators sought to… Continue reading

Last Friday, New York City filed a notice of appeal on behalf of Mayor Eric Adams and the New York City Council in Fossella v. Adams.  It signaled its intention to fight a Richmond County judge’s ruling invalidating Local Law… Continue reading

In this New York Times article from last week, Maggie Haberman chronicles a Democratic super PAC’s lawsuit against the Federal Election Commission.  The PAC, American Bridge, seeks to compel the FEC to take action within thirty days against former President… Continue reading

This story discusses a racial gerrymandering suit that Harvard Law School’s Election Law Clinic has filed, together with the ACLU of Florida and the Southern Poverty Law Center, against several Jacksonville City Council districts. Of note to ELB readers, the… Continue reading

Last week, the Bipartisan Policy Center hosted a Twitter Space discussion of the new bipartisan Senate proposed Electoral Count Reform Act. Lisa Desjardins of PBS moderated the conversation, and I participated along with Kevin Kosar of AEI and Michael Thorning… Continue reading

This Washington Post newsletter covers Marc Elias and Norm Eisen’s concerns with the Senate bill revising the Electoral Count Act.   First, the bill might complicate how governors certify winning candidates.  It treats governors’ certificates of ascertainment naming electors to the… Continue reading

In this post, Eugene Volokh teases his new article.  It asks when lies about the “when, where, how, and who” of elections are constitutionally protected.

This New Yorker article depicts the violent threats that Wisconsin municipal clerks and election officials have faced since the 2020 presidential election.  Their harassment is symptomatic of a broadening battle over the State’s election administration.  Currently, sixty percent of Wisconsin Republicans believe… Continue reading

This New York Times article explores the growing conflict between election officials and county sheriffs.  In recent years, conservative activists have encouraged sheriffs to investigate voter fraud claims.  Two law enforcement groups, Protect America Now and the Constitutional Sheriffs and… Continue reading

This new paper by Ellen Katz and a team of coauthors examines VRA Section 2 decisions from 1982 to 2021. The paper updates an important earlier study by Katz et al. covering the period from 1982 to 2005. The amicus … Continue reading

I’ll be taking the ELB blogging baton from Ned this week, and I’ll be posting together with Sarah Sadlier. Sarah is a recent Harvard Law School grad, and a History Ph.D. candidate at Harvard, with interests in election law and… Continue reading

Bob Bauer and Jack Goldsmith, at Lawfare, have a comprehensive, organized, and point-by-point response to various critiques of the bipartisan Senate ECA reform bill that have emerged since the bill was introduced on Wednesday. Anyone interested in this topic… Continue reading

N.Y. Times deep dive into the Georgia criminal investigation includes this on the alternate electors dimension of the probe: ‘In a legal filing, the electors’ lawyers likened their clients’ actions to those of electors in Hawaii during the 1960 presidential… Continue reading