“The dangerous election theory the Supreme Court may be poised to endorse”

July 8, 2022, 4:13 amelection subversion risk, legislation and legislatures, Supreme CourtDan Tokaji

Josh Douglas in CNN Opinion: The justices have agreed to hear Moore v. Harper, a case that hinges on a technical legal issue with immense implications, and that raises the question of whether there any limits to… Continue reading

National Constitution Center’s “Restoring the Guardrails of Democracy” Project

July 7, 2022, 6:50 pmUncategorizedNed Foley

I’m honored to be a participant in this new initiative of the National Constitution Center. As its name indicates, the “Restoring the Guardrails of Democracy” project aims to redress the erosion of democratic norms that has occurred recently in the… Continue reading

Voting Rights Lab Report, “The State of Election Law: 2022 Mid-Year Review”

July 7, 2022, 2:34 pmUncategorizedDan Tokaji

Available here. From the summary: In recent years, we’ve witnessed an onslaught of election-related legislation pulling the nation in two directions. On the one hand, many states have taken steps to erode participation in our democracy, creating hurdles to… Continue reading

“How Congress Can Preempt the Most Dangerous Possible Ruling of the Next Supreme Court Term”

July 7, 2022, 12:11 pmUncategorizedNicholas Stephanopoulos

I wrote this column for Slate on how Congress could nullify the North Carolina legislators’ claim in Moore v. Harper through a short statute giving the imprimatur of federal law to the regulatory activities of non-legislative state actors: Fortunately, Congress… Continue reading

Announcing the New “Safeguarding Democracy Project” at UCLA Law

July 7, 2022, 7:50 amelection subversion riskRick Hasen

As scooped by this morning’s Politico, I’m delighted to announce that I have created and will serve as the Director of the “Safeguarding Democracy Project” at UCLA Law. From the project’s website, here is the mission… Continue reading

A Historical Perspective on Alternate Electors: Lessons from Hayes-Tiden

July 7, 2022, 6:35 amUncategorizedNed Foley

I’ve written this piece for Just Security. It discusses two features of the effort to have Samuel Tilden prevail in the disputed election of 1876, one from South Carolina and the other from Vermont, both of which lacked any… Continue reading

“Jan. 6 hearings highlight problems with certification of presidential elections and potential ways to fix them”

July 7, 2022, 6:29 amelectoral collegeDerek Muller

I have this updated piece at The Conversation on Electoral Count Act reform.

Cipollone to Be Interviewed by Jan. 6 Panel

July 7, 2022, 4:43 amelection subversion riskDan Tokaji

NYT: Pat A. Cipollone, the White House counsel to President Donald J. Trump who repeatedly fought Mr. Trump’s efforts to overturn the 2020 election, has reached a deal to be interviewed by Friday before the House committee investigating the… Continue reading

“Democratic alarms sound over DeSantis’s new elections overseer”

July 7, 2022, 4:38 amelection administrationDan Tokaji

Lizette Alvarez’s column in WaPo on Cory Byrd, whom Gov. DeSantis recently appointed as Florida Secretary of State.

“Questions arise over Warnock’s use of campaign funds to fight lawsuit”

July 7, 2022, 4:33 amcampaign financeDan Tokaji

Politico reports: “Sen. Raphael Warnock (D-Ga.) used campaign money to cover legal expenses for a lawsuit relating to his time as a church minister — transactions that raise questions about whether the spending runs afoul of federal rules governing… Continue reading

“Tangled efforts, fraud allegations, may keep Green Party off the ballot in NC”

July 7, 2022, 4:31 amballot access, petition signature gatheringDan Tokaji

Fascinating story from WRAL, suggesting that Democratic operatives tried to persuade signers of a Green Party petition to ask that their names be removed, leading to the State Board of Elections voting not to certify the Green Party.

Ninth Circuit Holds Montana Disclosure Law Unconstitutionally Vague, as Applied

July 6, 2022, 4:29 pmcampaign financeDan Tokaji

The majority and dissenting opinions in Butcher v. Knudsen are here. From Judge Bress’s opinion for the majority (joined by Judge Ikuta): Two retirees, Ed Butcher and Lonny Bergstrom, operate a website that tracks the voting records of Republican… Continue reading