“A Wild and Dangerous 2024 Experiment; Inside No Labels, the most confounding third-party gambit of the 2024 election”
John Hendrickson for The Atlantic.
Top Recent Downloads in Election Law on SSRN
Here:
1.Certification and Non-Discretion: A Guide to Protecting the 2024 ElectionLauren Miller and Will WilderNew York University (NYU) – Brennan Center for Justice and Government of the United States of America – U.S. Court of Appeals… Continue reading
“Shadow disticts”
Quinn Yeargain has written this article for the Cardozo Law Review. Here is the abstract:
Redistricting disputes—for congressional, state legislative, and local districts—have proven all-consuming in politics. Litigation over the legality of districts, under both federal and state law, is… Continue reading
In Florida Social Media Case, Florida’s Lawyer Defends, Without Recognizing It, an Equalizing Interest in Requiring Platforms to Carry Speech They Don’t Want
I thought this exchange in the transcript of the Moody case was particularly telling (I’ve bolded the response that I think shows an interest in imposing an equality floor):
JUSTICE KAVANAUGH: Can I — can I ask you about a… Continue reading
“Bridgeport voters try again to pick mayor after 1st election tossed due to absentee ballot scandal”
“A Must-Read Analysis of Why U.S. Elections Aren’t Working and What to Do About It”
A new Common Ground Democracy column on a superb paper by Nate Atkinson and Scott Ganz. Here’s the subtitle of the column: “If you read one thing about the structural problem afflicting American elections, including an explanation of the institutional… Continue reading
“Supreme Court Seems Wary of State Laws Regulating Social Media Platforms”
Adam Liptak for the NYT:
The Supreme Court seemed skeptical on Monday of laws in Florida and Texas that bar major social media companies from making editorial judgments about which messages to allow.
The laws were enacted in an effort… Continue reading
New Jersey: “Andy Kim Sues to Block Preferential Treatment on Ballots in Senate Race”
NYT:
Representative Andy Kim, a Democrat running for Senate in New Jersey against the state’s first lady, filed a federal lawsuit on Monday that seeks to redesign the ballot before June’s contentious primary election, arguing the current layout unfairly benefits… Continue reading
“Exclusive: Key figure in fake electors plot concealed damning posts on secret Twitter account from investigators”
CNN:
Kenneth Chesebro, the right-wing attorney who helped devise the Trump campaign’s fake electors plot in 2020, concealed a secret Twitter account from Michigan prosecutors, hiding dozens of damning posts that undercut his statements to investigators about his role in… Continue reading
Justices and Lawyers are Mispronouncing “Tornillo” Case
Years ago at an APSA conference, Fred Schauer corrected me as pronouncing this with a Spanish pronunciation (“Torniyyo”) but the plaintiff was Italian and the “L’s” should be pronounced.
Florida’s Lawyer Having Hard Time at Beginning of Oral Argument in Social Media Cases, Suggesting Law Could Well Be Struck Down [Corrected]
Arguments are just beginning, and at some point I’ll have to leave for class.
At this early point, it appears that Roberts, Sotomayor, Kavanaugh, and Kagan have all expressed great skepticism of these rules.
Justice Jackson pointed to some of… Continue reading
“NYS Legislature to vote down redistricting map, offer new one, source says”
“Russia’s 2024 election interference has already begun”
NBC News:
U.S. officials and experts are most concerned that Russia could try to interfere in the election through a “deepfake” audio or video using artificial intelligence tools or through a “hack and leak,” such as the politically damaging theft… Continue reading
“Inside the G.O.P.’s State Party Problem”
I had missed this NYT piece from a few days ago:
State Republican parties in roughly half of the most important battleground states are awash in various degrees of dysfunction, debt and disarray.
In Arizona, the chairman of the state’s… Continue reading