“The Federal Constitution Requires that the Ohio Supreme Court Have Remedial Authority to Resolve Ohio’s Redistricting Stalemate”
Mark Brown for Jurist.
“Donald Trump Is Now Miraculously 43-0 Against ‘Partisan’ FEC”
Roger Sollenberger for the Daily Beast:
Donald Trump may have been impeached twice, and he’s taken some lumps in court, but in one legal arena he is hands-down the undefeated reigning champ: campaign finance law.It’s not even close.According to… Continue reading
“New York is about to let noncitizens vote. It could reshape local politics forever.”
Politico:
t was 1986 and New York’s public school system was run by a patchwork of elected local school boards, all of them hotbeds for fiery debates about how kids were learning — or weren’t.Like most school board elections… Continue reading
“Texas Attorney General Ken Paxton is headed to a runoff against George P. Bush”
Texas Tribune:
Despite an endorsement from former President Donald Trump, Texas Attorney General Ken Paxton failed to garner enough Republican support in Tuesday’s GOP primary to avoid a runoff. The embattled incumbent, under indictment since 2015 and facing an… Continue reading
“The Independent State Legislature Claim, Textualism, and State Law”
Carolyn Shapiro has posted this draft on SSRN. Here is the abstract:
During the litigation surrounding the 2020 election, the independent state legislature claim (“ISLC”) , emerged as a potentially crucial factor in the presidential election. The ISLC rests on… Continue reading
“‘Multiple’ Jan. 6 calls between Trump and lawyer on Texas election lawsuit, panel reveals”
Politico:
Congressional investigators say former President Donald Trump had “multiple phone calls” on Jan. 6, 2021 with an attorney who represented Texas in its lawsuit to overturn the election.The revelation that Trump had spoken repeatedly with Kurt Olsen amid… Continue reading
“John Eastman, Trump’s lawyer on overturning election, under investigation by California Bar”
LAT:
Orange County attorney John Eastman is at the center of an ethics investigation into whether he violated laws while advising President Trump on how he could overturn his election defeat in 2020, the State Bar of California said… Continue reading
“Gableman report to Wisconsin Republicans promotes legally debunked effort to decertify 2020 election”
Milwaukee Journal Sentinel:
The attorney who led a monthslong review of the 2020 election for Wisconsin Republicans called on lawmakers Tuesday to dissolve the state’s election agency and urged them to consider decertifying the results — a move that… Continue reading
I Was on the “No Jargon” Podcast, Talking About My Upcoming Book, Cheap Speech
You can listen here.
Cheap Speech is out Mar 8 (though Kindle users can get it now for a 50 percent discount).
Updated Katz Study: Substantial Decline in the Number of Cases Brought Under Section 2 of The Voting Rights Act and Plaintiffs’ Success in Winning Them
The study by Ellen Katz and her students at the University of Michigan on Section 2 cases played an important role in the majority and dissenting opinions in the Supreme Court’s Shelby County v. Holder case on the power of… Continue reading
Federal District Court Finds Georgia’s Redistricting Plans Likely Violated Section 2 of the Voting Rights Act by Diluting Minority Voting Power, But Won’t Order Any Remedy for 2022 Election Under the Purcell Principle
You can find the court’s 238 page ruling at this link.
This case is more proof that the Purcell Principle is becoming a license to do one cycle of illegal voting maps before the courts will offer any meaningful… Continue reading
Complexities in a federal cause of action for an “election emergency” provision in Electoral Count Act reform
In my lengthy high-level overview of the King-Klobuchar-Durbin “Electoral Count Modernization Act,” I looked at the federal causes of action, including, “extending popular elections” if (1) it’s beyond a reasonable doubt, that (2) a catastrophic event has prevented… Continue reading
“Arizona Republican Party seeks end to early voting in state”
“Frustrated Michigan clerks call for election reforms: ‘Now is the time'”
Detroit News:
Two organizations that represent hundreds of Michigan clerks called on state lawmakers Monday “to set aside their agendas” and make bipartisan improvements to voting policies ahead of the November statewide election. Mary Clark, president of the… Continue reading