This Washington Post newsletter covers Marc Elias and Norm Eisen’s concerns with the Senate bill revising the Electoral Count Act.   First, the bill might complicate how governors certify winning candidates.  It treats governors’ certificates of ascertainment naming electors to the… Continue reading

In this post, Eugene Volokh teases his new article.  It asks when lies about the “when, where, how, and who” of elections are constitutionally protected.

This New Yorker article depicts the violent threats that Wisconsin municipal clerks and election officials have faced since the 2020 presidential election.  Their harassment is symptomatic of a broadening battle over the State’s election administration.  Currently, sixty percent of Wisconsin Republicans believe… Continue reading

This New York Times article explores the growing conflict between election officials and county sheriffs.  In recent years, conservative activists have encouraged sheriffs to investigate voter fraud claims.  Two law enforcement groups, Protect America Now and the Constitutional Sheriffs and… Continue reading

This new paper by Ellen Katz and a team of coauthors examines VRA Section 2 decisions from 1982 to 2021. The paper updates an important earlier study by Katz et al. covering the period from 1982 to 2005. The amicus … Continue reading

I’ll be taking the ELB blogging baton from Ned this week, and I’ll be posting together with Sarah Sadlier. Sarah is a recent Harvard Law School grad, and a History Ph.D. candidate at Harvard, with interests in election law and… Continue reading

Bob Bauer and Jack Goldsmith, at Lawfare, have a comprehensive, organized, and point-by-point response to various critiques of the bipartisan Senate ECA reform bill that have emerged since the bill was introduced on Wednesday. Anyone interested in this topic… Continue reading

N.Y. Times deep dive into the Georgia criminal investigation includes this on the alternate electors dimension of the probe: ‘In a legal filing, the electors’ lawyers likened their clients’ actions to those of electors in Hawaii during the 1960 presidential… Continue reading

Interesting WaPo profile on Kinzinger’s transition from Kevin McCarthy’s (and Mike Pompeo’s) buddy to his current role in attempting to protect democracy from Trump and election denialism. What especially caught my eye was this Kinzinger quote at the end: ‘“Trump… Continue reading

POLITICO story on the difference that specific electoral rules can make in protecting democracies from the risk of authoritarian extremism. In this case, the focus is on Washington’s “top two” primary system, which the state shares with California. ELB readers… Continue reading

The Hill reports: ‘We’re hoping that Leader [Chuck] Schumer will bring it to the floor in September. We have bipartisan support. We think we have enough support to pass this bill,” Cardin told [CNN]. “We’ve already talked to… Continue reading

In an opinion essay for The Hill, the former mayor and presidential candidate argues that the Democratic Party should reform its calendar of presidential primaries. He argues for putting first states that will be battlegrounds in November and have more… Continue reading

Joint statement from nation’s leading civil rights organizations. An excerpt: “…The provisions in the bill are intended to address any ambiguity in the ECA. We look forward to Congress carefully reviewing and strengthening the current proposal to ensure that… Continue reading