“A ‘Top Three’ Version of California’s ‘Top Two’ Elections”

February 11, 2024, 6:46 amUncategorizedNed Foley

Common Ground Democracy essay that develops further the proposal discussed in the Project Syndicate column with Eric Maskin. This essay includes more examples of congressional elections for which the proposal would make a significant difference and also connects the… Continue reading

“Much unease in blue states as Supreme Court weighs the Trump ballot case”

February 11, 2024, 4:36 amUncategorizedRichard Pildes

This Washington Post story features Prof. Doug Spencer, an election law expert, in both his personal and professional identities: Professor Douglas Spencer began his Thursday afternoon class at the University of Colorado Law School by reading a text message he… Continue reading

Tim Synder Ridicules Argument that the President is not included in Sec. 3’s Disqualification Ban

February 10, 2024, 1:51 pmUncategorizedRichard Pildes

Synder, a well-known Yale political scientist, participated in an amicus brief in the case on behalf of academics who study democratic backsliding in other countries. A recent substack post of his illustrates the kind of reaction the Court can expect… Continue reading

“To avoid election crisis, Arizona lawmakers try bipartisanship”

February 9, 2024, 2:28 pmelection administrationRick Hasen

WaPo: Alarmed that Arizona’s 11 electoral votes mightnot be counted in the process for selecting the next American president, Republicans and Democrats in this political battleground did something rare: They found consensus. After months of warnings and a frantic series… Continue reading

“What the Colorado Oral Argument Missed”

February 9, 2024, 10:50 amUncategorizedNed Foley

For The Atlantic: “The justices seem ready to leave the issue of Donald Trump’s eligibility up to Congress. Here’s why they shouldn’t.” After acknowledging why the justices would be inclined to rely on Trump’s congressional exclusivity argument, the piece… Continue reading

“Exclusive: Biden officials confront limits of federal response in exercise preparing for 2024 election threats”

February 9, 2024, 10:40 amelection subversion riskRick Hasen

CNN: When senior national security officials gathered in the White House Situation Room in December to prepare for the 2024 election, they faced a pair of stark, simulated scenarios that tested the limits of any federal response to election-related chaos,… Continue reading

“The Supreme Court and the Risks of January 6, 2025”

February 9, 2024, 8:27 amSupreme CourtRick Hasen

Jeannie Suk Gersen: The election-law experts Edward Foley, Benjamin Ginsberg, and Richard Hasen warned, in an amicus brief, that if the Justices resolve the case without “deciding the merits of the disqualification question,” it “would not reflect an admirable judicial… Continue reading

Elise Stefanik, If She Had Been Vice President in 2020, “Would Not Have Done What Mike Pence Did,” Suggesting She Would Have Acted to Subvert the 2020 Election

February 9, 2024, 7:54 amelection subversion riskRick Hasen

THIS is troubling (via Political Wire).

DNC Files FEC Complaint Claiming Illegal Coordination Against RFK Jr. and a Supportive PAC That is Allegedly Helping Him with Ballot Access

February 9, 2024, 7:14 amcampaign finance, campaignsRick Hasen

You can find the complaint here.

“Election officials go on offense to prevent disruptions of 2024 vote”

February 9, 2024, 6:53 amelection administration, election subversion riskRick Hasen

Yvonne Wingett Sanchez for WaPo: In training poll workers for this year’s presidential election, Arizona Secretary of State Adrian Fontes is preparing them for a series of worst-case scenarios, including combat. His office is coordinating active-shooter drills for election… Continue reading

“How to Depolarize American Politics”

February 9, 2024, 6:48 amUncategorizedNed Foley

Eric Maskin and I have co-authored a Project Syndicate column that describes a “top three” variation of California’s “top two” electoral system. It would enable effective electoral competition by a new third party in between MAGA Republicans on the right… Continue reading

Trump v. Anderson v. Celebrezze

February 9, 2024, 5:27 amballot accessDerek Muller

Professor Marty Lederman has significantly expanded his analysis of the Anderson v. Celebrezze issue in Trump v. Anderson over at Balkinization, here. As ELB readers may recall, I flagged the Anderson issue back in October, and my briefing… Continue reading

“A Ruling for Trump on Eligibility Could Doom His Bid for Immunity”

February 8, 2024, 3:58 pmSupreme CourtRick Hasen

Adam Liptak for the NYT: Chief Justice John G. Roberts Jr. and his colleagues seemed ready on Thursday to start to rebuild the court’s reputation by presenting themselves as unified and apolitical. He has had a bumpy ride of late,… Continue reading

“Civil Rights Groups Secure Victory in LandmarkCase Challenging Racial Discrimination inLouisiana’s State Legislative Maps”

February 8, 2024, 3:30 pmredistricting, Voting Rights ActRick Hasen

Release: In a victory for fair maps, a federal court today ruled in favor of Louisiana voters, agreeing that the current state House and Senate district maps violate Section 2 of the Voting Rights Act. The plaintiffs who challenged the… Continue reading