Addressing a Key Issue Discussed at Length in Moore v. Harper Argument

December 7, 2022, 9:39 amUncategorizedRichard Pildes

I’m going to re-up a post of mine from Dec. 3rd on this issue: how relevant should the Bush v. Gore concurrence on statutory interpretation, which CJ Rehnquist authored, be in considering the role of state courts in interpreting the… Continue reading

Argument previews for Moore v. Harper

December 7, 2022, 5:58 amElections Clause, Supreme CourtDerek Muller

Jess Bravin in the Wall Street Journal. Adam Liptak in the New York Times. Nina Totenberg at NPR. Robert Barnes in the Washington Post. (Which includes this graf: “‘Fringe’ is a word ubiquitous in the filings.… Continue reading

“How Colorado executes its signature-match requirement for ballots disenfranchises many voters, a lawsuit claims”

December 7, 2022, 5:56 amabsentee ballotsDerek Muller

From Colorado Public Radio: Lawful votes are unconstitutionally discarded in Colorado, often because a voter’s signature doesn’t match what’s on file, according to a lawsuit filed in Denver District Court late last week. The signature match requirement is meant… Continue reading

I Spoke with Vox’s “The Weeds” Podcast: “The Bipartisan Bill That Could Protect Elections”

December 6, 2022, 7:52 pmelection subversion risk, electoral collegeRick Hasen

Listen.

“Fourth Circuit urged to strike down North Carolina election libel law”

December 6, 2022, 2:46 pmcampaignsDerek Muller

Courthouse News Service: A Fourth Circuit panel heard arguments Tuesday over whether the campaign committee for North Carolina’s Democratic attorney general should face criminal charges under a state law banning the spread of false information to damage a candidate’s… Continue reading

“Corruption Charges Dismissed Against Ex-Lt. Gov. Brian Benjamin”

December 6, 2022, 2:42 pmbriberyDerek Muller

New York Times: A federal judge in Manhattan dismissed bribery charges against former Lt. Gov. Brian A. Benjamin of New York on Monday, saying prosecutors had not demonstrated an explicit quid pro quo in what they asserted was a… Continue reading

Federal court tosses challenge to FEC’s decision to accept paperwork for Trump’s presidential candidacy

December 6, 2022, 2:37 pmcampaign financeDerek Muller

In Castro v. FEC, a pro se FEC-registered candidate for the 2024 presidential election challenged the FEC’s decision to accept Donald Trump’s candidacy for election, arguing that Trump is not qualified to serve. A federal district court just dismissed … Continue reading

The Profound Ahistoricism of Moore v. Harper

December 6, 2022, 1:43 pmredistrictingIndependent State Legislature Doctrine, Moore v. HarperTabatha Abu El-Haj

The Supreme Court will hear arguments tomorrow about the scope of state legislative authority to determine “the time, place, and manner” of federal elections. Petitioners’ position is that state legislatures are freed from state constitutional constraints when they make decisions… Continue reading

“Justice Dept. subpoenas Arizona, Michigan, Wisconsin officials for Trump communications”

December 6, 2022, 9:45 amDepartment of JusticeDerek Muller

Washington Post: Special counsel Jack Smith has subpoenaed local officials in Arizona, Michigan and Wisconsin — three states that were central to former president Donald Trump’s failed plan to stay in power following the 2020 election — for any… Continue reading

“Ducey wants a new law passed to lead to faster election results”

December 6, 2022, 6:37 amelection administrationDerek Muller

A sensible proposal in Arizona, to address a recent development in how some voters are casting their ballots: Ducey said people who want to drop off their early ballots at polling places on Election Day should be able to… Continue reading

Some Moore v. Harper commentary and roundup

December 6, 2022, 6:37 amElections Clause, legislation and legislatures, Supreme CourtDerek Muller

Ahead of oral argument in Moore v. Harper December 7, commentary and roundup is coming in from everywhere. A few pieces: In the New York Times, Michael Wines has a piece, “Supreme Court to Hear Arguments on Far-Reaching Elections… Continue reading

Election Reflections:A roundtable of election law experts

December 5, 2022, 6:13 pmUncategorizedNed Foley

This Friday, December 9 at noon (ET), Election Law at Ohio State is hosting a roundtable of election law experts, as we have previously. This time is to reflect on the 2022 midterms and consider key issues confronting our election… Continue reading

“Illinois rules for getting on ballot debated at Seventh Circuit”

December 5, 2022, 1:58 pmballot accessDerek Muller

An oral argument recap at the Courthouse News Service. You can listen to the audio of the argument in Gill v. Linnabary here. The panel included Judges St. Eve, Scudder, and Brennan.

Instant run-off voting in Georgia Senate race

December 5, 2022, 1:58 pmelection administrationDerek Muller

Recent pieces by John Tures at The Conversation and Kerwin Swint at RealClearPolitics each point out that Georgia’s expensive run-off election could be avoided if the state adopted ranked choice voting (or, maybe more appropriately for a run-off election, instant… Continue reading