How are state legislatures responding to the Electoral Count Reform Act?

May 24, 2023, 11:26 amelectoral collegeDerek Muller

The Electoral Count Reform Act tweaked a number of aspects of presidential elections. Last December, I noted that state legislatures needed to reexamine their election codes. And many state legislatures have noticed and are responding appropriately. Some responses are… Continue reading

“Roberts: Supreme Court seeks to assure public on justices’ ethics”

May 24, 2023, 5:17 amUncategorizedGuy Charles

This story in Politico by Josh Gerstein. A snippet: Chief Justice John Roberts signaled Tuesday that the Supreme Court is attuned to public ethics concerns about the justices, saying that he’s seeking ways to address those worries without jeopardizing the… Continue reading

(Updated with correct link) Oregon House Passes Act Calling for Ranked Choice Voting

May 24, 2023, 5:04 amUncategorizedGuy Charles

The bill is here. For more details, see here.

“Justice Thomas and the January 6th Cases”

May 24, 2023, 4:54 amUncategorizedGuy Charles

A Balkinization post by Gerard N. Magliocca

“Judge recommends City of Miami toss out its district map over ‘racial gerrymandering'”

May 23, 2023, 6:57 pmUncategorizedGuy Charles

A story by WLRN reporter Joshua Ceballos on this ACLU lawsuit alleging that the City of Miami’s electoral districts were racially gerrymandered. A snippet from the WLRN story: A federal magistrate judge has recommended that the City of Miami throw… Continue reading

(Updated) Travis Crum Guest Post: Justice Scalia’s Draft Dissent from Denial of Certiorari in Rice v. Cayetano.

May 23, 2023, 9:33 amUncategorizedGuy Charles

This is a guest post by Professor Travis Crum: Last week, I was in Washington, DC, and stopped by the Library of Congress to check out the newly opened papers of Justice Stevens. Given my interest in the Fifteenth… Continue reading

Breaking: Kari Lake Loses Election Contest in Arizona Governor’s Race (Link to opinion)

May 22, 2023, 7:20 pmabsentee ballots, recountsRick Hasen

The trial judge in this opinion found no misconduct or illegal conduct in signature verification of absentee ballots. Kari Lake loses her election contest against Katie Hobbs for Arizona’s gubernatorial race on her final remaining issues. She can appeal, but… Continue reading

California Supreme Court Will Hear Oral Argument in Santa Monica Voting Rights Case in June After All

May 22, 2023, 6:19 pmVoting Rights ActRick Hasen

Initially I predicted a summer hearing for this important and delayed case under the California Voting Rights Act. Then it appeared my prediction was wrong when the June oral argument calendar came out without the Santa Monica case. Now,… Continue reading

Analysis of Alaska’s Open Primary and Ranked Choice System

May 22, 2023, 9:41 amUncategorizedGuy Charles

Sightline Institute conducted this analysis of Alaska’s voting system. Key findings: In 2022, Alaska held its first elections with open primaries and ranked choice voting. Sightline analyzed the diversity of Alaska legislative classes from 2008 to 2022 in four areas:… Continue reading

“Feinstein’s return leaves her party on edge”

May 22, 2023, 6:13 amUncategorizedGuy Charles

A story in Politico by Katherine Tully-McManus and Nicholas Wu on Dianne Feinstein. A snippet: Dianne Feinstein has taken on a noticeably lighter schedule since she came back from California. She appears in the Senate only at committee hearings or… Continue reading

Handing off blogging to Guy-Uriel Charles

May 21, 2023, 2:08 pmUncategorizedDerek Muller

Send your tips and questions to Guy! I’m grateful for the opportunity to step in this week and have cleared out my queue of pending legal questions for the moment….

Settlement reached in 2022 Arizona voter intimidation lawsuit

May 21, 2023, 2:05 pmabsentee ballotsDerek Muller

Last fall, I highlighted two lawsuits in Arizona, one that failed for its overbreadth and one that ultimately succeeded. The successful case was brought by the League of Women Voters, and they secured a temporary restraining order as to… Continue reading

Hessick, Morse, and Pinnell on Electing Prosecutors

May 21, 2023, 10:04 amcampaign finance, campaignsDerek Muller

Carissa Byrne Hessick, Michael Morse, and Nathan Pinnell, Donating to the District Attorney (forthcoming, UC Davis Law Review): The United States is the only country that elects its local prosecutors. In theory, these local elections could facilitate local control of… Continue reading

Muller on Ballot Access

May 21, 2023, 10:02 amballot accessDerek Muller

Derek T. Muller, Ballot Access (forthcoming, Oxford Handbook of American Election Law): Voters use ballots to choose their preferred candidates or to express support or opposition to ballot initiatives and referenda. There are many and diverse rules for how these… Continue reading