The Nomination and Election of Statewide Candidates

June 22, 2023, 5:02 pmUncategorizedNed Foley

I’ve posted on SSRN the working draft of a paper that will be published in the University of Illinois Law Review and was part of a symposium hosted by the review in March. Here’s the abstract: The standard system of… Continue reading

Top Recent Downloads in Election Law on SSRN

June 22, 2023, 4:30 pmpedagogyRick Hasen

Here: RankPaperDownloads1.Beyond the Spoiler Effect: Can Ranked Choice Voting Solve the Problem of Political Polarization?Nathan Atkinson, Edward B. Foley and Scott GanzUniversity of Wisconsin – Madison, Ohio State University (OSU) – Michael E. Moritz College… Continue reading

“Maricopa County recorder Stephen Richer sues Kari Lake for defamation”

June 22, 2023, 4:23 pmUncategorizedNed Foley

The news story is here. And this is his op-ed explaining the lawsuit. Given the Dominion suit against Fox, one wonders whether this new suit in the same vein will confirm that defamation is a successful way to counteract intentionally… Continue reading

National Constitution Center Podcast: “Recapping Allen v. Milligan: The Court Upholds Section 2 of the VRA”

June 22, 2023, 3:43 pmSupreme Court, Voting Rights ActRick Hasen

Listen: Earlier this month, the Supreme Court handed down a major voting rights decision in the Allen v. Milligan case. In a 5-4 ruling, the Court upheld Section 2 of the Voting Rights Act of 1965 and found that Alabama’s … Continue reading

About That Black’s Law Dictionary Definition of Facilities Cited by Justice Alito in His WSJ Defense of Not Reporting the Free Ride on the Private Plane of a Billionaire Litigant…

June 22, 2023, 1:58 pmconflict of interest laws, legislation and legislatures, statutory interpretation, Supreme CourtRick Hasen

In my earlier post on Justice Alito’s laughable defense that he did not have to report the free ride on the private plane because it was “hospitality … on …facilities” owned by a person, I noted that one of the… Continue reading

“Criminal charges filed over fake signatures that spoiled Michigan GOP gubernatorial bids”

June 22, 2023, 11:56 amUncategorizedNed Foley

Jane C. Timms for NBC News: “Michigan candidates for statewide office need to gather thousands of signatures to qualify for the ballot in state elections, and many campaigns hire paid canvassers to collect those signatures. The defendants allegedly ran… Continue reading

“Third-party candidate would drag Biden down in Trump rematch: poll”

June 22, 2023, 9:08 amUncategorizedNed Foley

The Hill reporting on new Emerson poll that focuses on the potential effect of Cornel West’s candidacy. I mention it here because I think the use of statewide plurality winner-take-all elections for the appointment of presidential electors is probably the… Continue reading

“NC Republican proposed voting restrictions fit a red-state pattern”

June 22, 2023, 8:28 amUncategorizedNed Foley

NC Newsline: “Republican senators passed controversial bills that would make it harder for people who vote by mail or sign up to vote during early registration periods and have their ballots count. “They seek to restructure the state Board… Continue reading

Justice Alito’s Bad Textualism Extends to His Mangling of Words to Justify Not Reporting a Seat on a Private Jet Paid for by a Billionaire Litigant

June 21, 2023, 7:54 pmconflict of interest laws, ethics investigations, statutory interpretation, Supreme CourtRick Hasen

Years ago in conversation with an originalist and textualist, the person I was speaking to defended originalism and textualism as constraining judges. The counterexample on the right was Justice Alito voting his values. The idea is that if all judges… Continue reading

It’s about time…

June 21, 2023, 5:54 pmUncategorizedNed Foley

Postal Service’s commemorative stamp of John Lewis.

Hearing in Eastman disbarment case

June 21, 2023, 4:52 pmUncategorizedNed Foley

It’s a good thing that this public proceeding is being recorded, because I suspect one could teach a whole variety of law school classes using it, if one wishes. Here’s the link for the livestream: calbar.zoom.us/j/97985435232

“Gov. Abbott vetoes bill offering new mail voting option to people with disabilities”

June 21, 2023, 7:40 amUncategorizedNed Foley

Votebeat Texas. At the same time, Houston Chronicle reports: “Gov. Abbott signs bills targeting Harris County elections, triggering legal showdown” (behind paywall).

“More Withdrawals From Voter Data Group ERIC Likely”

June 21, 2023, 7:33 amUncategorizedNed Foley

Wendy Underhill of NCSL. ‘ERIC is “the best tool available for catching people who have moved,” said Charles Stewart.’ (Read on for more details and quotes from others.)

“Trump allies pounce on Georgia election vulnerability report”

June 21, 2023, 7:23 amUncategorizedNed Foley

The Jolt from the Atlanta Journal-Constitution. “The report detailed vulnerabilities that could allow a hacker to change votes. A separate, simultaneous report found the risk of hacking to be remote, given standard safety procedures used by election officials. The dueling… Continue reading