“Democrats race to avoid a Biden embarrassment in New Hampshire”

May 18, 2023, 4:14 amprimariesDerek Muller

The law-meets-party-rules dispute continues. Politico: Top Democrats are scrambling for ways to avoid a catastrophe in New Hampshire in which Joe Biden may not appear on the primary ballot, ceding the first unofficial contest of 2024 to a fringe… Continue reading

California Supreme Court Won’t Hear Oral Argument in Santa Monica Case over California Voting Rights Act until at Least September

May 17, 2023, 6:03 pmVoting Rights ActRick Hasen

So this prediction was premature. The June oral argument calendar is out and the case is not on it. The court does not hold oral argument in July or August. Stay tuned.

Sudden switch in Fulton County, Georgia elections board chair nomination

May 17, 2023, 4:59 pmelection administrationDerek Muller

Atlanta Journal-Constitution: In a surprise switch-up, Fulton County commissioners on Wednesday chose Patrise Perkins-Hooker to chair of the Fulton County Board of Registration & Elections for the next two years. Commission Chairman Robb Pitts had nominated former Republican county… Continue reading

“Massachusetts US attorney accused of election meddling and lying”

May 17, 2023, 4:56 pmcampaignsDerek Muller

Reuters: Rachael Rollins, the top federal prosecutor in Massachusetts, improperly used her U.S. Justice Department position to meddle in a local district attorney election by leaking to newspapers dirt about a political rival – one of many ethics violations… Continue reading

“Jury splits verdicts for former inmate charged with Florida voter fraud crimes”

May 17, 2023, 9:30 amelection administration, felon voting, voter registrationDerek Muller

Gainesville Sun: Another Florida man has been sentenced for election-related voter fraud crimes following a fraud investigation in Alachua County. After a day-long trial John Boyd Rivers was found guilty of willfully voting as an unqualified elector, but not… Continue reading

“Why Kari Lake is still, six months after losing, in Arizona courts arguing the 2022 election was stolen”

May 17, 2023, 9:30 amelection administrationDerek Muller

Jen Fifield at Votebeat with a deep dive into the process, claims remaining, and time frame: GOP candidates for Arizona’s top offices who claim the November election was stolen from them have spent months presenting shape-shifting arguments in court —… Continue reading

The South Carolina Racial Gerrymandering Case

May 17, 2023, 7:42 amUncategorizedNicholas Stephanopoulos

Earlier this week, the Supreme Court agreed to hear a racial gerrymandering case involving South Carolina’s First Congressional District. At first glance, the issue presented in the case is fairly conventional: Did race or partisan advantage predominantly explain the First… Continue reading

ELB Book Corner: Steve Vladeck: “How the Shadow Docket Came Full Circle in the 2022 Redistricting Cases”

May 17, 2023, 7:00 amELB Book Corner, Supreme CourtRick Hasen

I am pleased to welcome to ELB Book Corner Steve Vladeck, author of the new book, The Shadow Docket. Here is the last of three posts: After introducing Purcell and how the Court used it inconsistently in the… Continue reading

Massachusetts Supreme Judicial Court upholds AG’s ruling striking campaign finance ballot question

May 17, 2023, 5:11 amcampaign finance, voter initiativesDerek Muller

From the Eagle-Tribune: The state’s highest court upheld a decision by the Attorney General’s office to reject a ballot question calling for limits on campaign spending by political action committees. In ruling issued Tuesday, the state Supreme Judicial Court… Continue reading

“Former Giuliani employee alleges sexual assault and harassment in $10 million lawsuit” (and includes details about 2020 election litigation)

May 17, 2023, 5:09 amfraudulent fraud squadDerek Muller

Politico has the background on the sexual harassment lawsuit. But the complaint also includes a couple of specific allegations about the 2020 election and litigation strategies around it. 124. On February 7, 2019, Giuliani told Ms. Dunphy to take a… Continue reading

“Wisconsin judge rejects request to break up lawsuit targeting false Trump electors”

May 17, 2023, 5:08 amelectoral collegeDerek Muller

WisPolitics has the order here.

“Michigan Democrats’ early campaign finance bills bolster union influence”

May 16, 2023, 2:53 pmcampaign financeDerek Muller

Craig Mauger for the Detroit News: A committee within the Democrat-controlled Michigan House advanced bills Tuesday that would help labor unions, which frequently support Democratic lawmakers’ campaigns, raise money for political contributions. Democrats won control of both the state… Continue reading

“Alaska Redistricting Board adopts final political map after landmark gerrymandering ruling”

May 16, 2023, 2:53 pmredistrictingDerek Muller

Anchorage Daily News: The Alaska Redistricting Board unanimously approved the state’s final political map Monday after twice being found engaging in unconstitutional partisan gerrymandering. In a landmark decision in April, the Alaska Supreme Court ruled explicitly for the first… Continue reading

If computer security experts discover flaws in voting machines, should they be publicly disclosed?

May 16, 2023, 2:53 pmvoting technologyDerek Muller

Over at Princeton’s Center for Information Technology Policy “Freedom to Tinker,” some thoughts on expert reports in the courts identifying security flaws in voting machines and why those reports should not remain under seal.

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The law of politics and the politics of law