Derek has an important post responding to various concerns raised about the bipartisan Senate ECA reform bill. Here I just want to make one additional point in response to a comment made by Marc Elias. In his critique of the… Continue reading

Genevieve Nadeau and I talk with Scott Anderson on the Lawfare podcast about the details of the new bipartisan Senate bill. Rebecca Green and I talk with Miles Park on NPR’s Here & Now for a shorter conversation (about 10… Continue reading

CNN has news from Georgia. “The optics are horrific,” said Fulton County Superior Court Judge Robert McBurney, referring to the fundraiser that District Attorney Fani Willis held “for a Democratic candidate running against one of the investigation’s potential targets.”

The federal district judge, not without considerable personal reluctance expressed in his opinion, dismissed the Texas case claiming that the state’s limitation of absentee voting to persons 65 years and older violated the equal protection clause of the Fourteenth… Continue reading

Jamelle Bouie’s new column applauds the bipartisan Senate bill to revise the Electoral Count Act but prefer to eliminate the Electoral College and replace it with a national popular vote. After detailing provisions of the bill, he sums up: “I… Continue reading

Wall Street Journal editorial with this subtitle: “At last there’s a serious proposal to reform the Electoral Count Act.” The editorial largely praises the new bipartisan Senate bill, while raising some questions. For example: “What happens if a rogue Governor… Continue reading

Lee Drutman debates with Daniel DiSalvo and Steven Teles.

Mark Mazzetti and Maggie Haberman in the N.Y. Times review the available information on this matter. The election law angle, in my view, is how in the future to protect the Twelfth Amendment joint session in Congress from the risk… Continue reading

Henry Olsen has, in my opinion, a superb column on why, as he concludes, “Congress should pass the [Senate ECA reform bill] proposal rapidly and with a large, bipartisan majority.” Here’s part of it: “Together, [the bill’s] provisions would help… Continue reading

Matthew Seligman’s new Slate piece. It’s also how he ends his own tweet-thread in response to Norm Eisen’s. Matthew and I agree on multiple points, one of which is his concern about what he calls “the Governor’s Gambit”–which… Continue reading

Here’s his thread. Solely in my capacity as ELB blogger this week, and not as co-author of the joint piece posted yesterday, I offer these thoughts in response to what Norm raises: Norm is concerned about how the… Continue reading

Sobering N.Y. Times guest essay, especially the part about how command-and-control essentially broke down because, while it was understandable that Vice President Pence attempted to deploy the National Guard to protect Congress when President Trump refused to do so,… Continue reading

Roll Call report includes these quotes from Rick Hasen: ‘“Every step that is taken to try to minimize those risks going forward is a positive thing,” [Hasen] said. “But nobody should be under the illusion that if this thing passes,… Continue reading