“Administering Presidential Elections and Counting Electoral Votes After Trump v. Anderson”

August 12, 2024, 10:39 amelectoral college, Supreme CourtDerek Muller

I have recently posted this draft on SSRN. From the abstract: In the landmark case Trump v. Anderson, the Supreme Court unanimously held that states lack the unilateral power to exclude presidential candidates from the ballot on the basis… Continue reading

“Proportional Representation and the Voting Rights Act”

August 12, 2024, 7:28 amUncategorizedNicholas Stephanopoulos

I wrote this report for Protect Democracy on the relationship between proportional representation and the Voting Rights Act. Here’s some of the introduction: First, the report provides background information about these topics. In particular, PR can refer to either a… Continue reading

“How the Constitution’s 25th Amendment helped the nation move beyond Watergate “

August 12, 2024, 7:22 amUncategorizedRichard Pildes

From John D. Feerick and John Rogan at The Hill, an interesting piece on the 25th Amendment’s role in Nixon’s resignation: Fifty years ago this week, Richard Nixon resigned from the presidency, and it might not have happened—at… Continue reading

ELB Book Corner: Bob Bauer: “A Common Question about ‘The Unraveling’”

August 12, 2024, 7:00 amconflict of interest laws, ELB Book Corner, political polarizationRick Hasen

I’m pleased to welcome Bob Bauer to the ELB Book Corner, writing about his new book, The Unraveling. Here is the first of three guest posts: Since the publication of my book, The Unraveling, I have been… Continue reading

Effective Democratic Governance As A Central Concern of Election Law

August 12, 2024, 6:42 amUncategorizedRichard Pildes

Since I’m blogging this week, I want to expand the discussion here a bit from election law, narrowly conceived, to democratic governance more broadly. I have argued since pretty much the start of my career that scholars of “election law”… Continue reading

“Experts warn of election disruptions after Trump says campaign was hacked”

August 12, 2024, 5:09 amUncategorizedRichard Pildes

Thus bad begins (with a nod to Javier Marais). From the Wash Post: Analysts and intelligence experts warned Sunday that wider efforts may be underway by foreign powers to disrupt the U.S. presidential election, after the Trump campaign said it … Continue reading

JD Vance Says Proposal to Give More Votes to Parents with Children Was a Mere “Thought Experiment”

August 11, 2024, 8:02 amUncategorizedRick Hasen

So does that mean he would not support the actual proposal? Watch: Vance on ABC struggles to defend his comments about giving parents extra voting rights as a mere "thought experiment" and not something he seriously meant pic.twitter.com/mBIH2i4c32—… Continue reading

Luttig and Johnson on MSNBC About Certification and the Risk of Election Subversion

August 10, 2024, 11:02 amelection subversion riskRick Hasen

From the 8/8 “Deadline White House” with Nicole Wallace: Judge Luttig: Without a question, a score of more of American lawyers played an ignoble role in the 2020 effort by the former president to overturn that presidential election. And, the… Continue reading

“Harris may need less of popular vote to win electoral college”

August 10, 2024, 10:59 amelectoral collegeRick Hasen

WaPo: In 2020, Joe Biden won the national popular vote for president by 4.5 percentage points, a seemingly safe margin that should have easily put him in the White House. But under the hood, the presidential race was extremely close.… Continue reading

“Direct Democracy Scores a Win in Michigan’s High Court. Can It Survive November?”

August 10, 2024, 9:51 amdirect democracystate supreme courts, threats to democracyTabatha Abu El-Haj

Bolts Magazine: Michigan’s Republican legislature’s seemingly duplicitous strategy to get around progressive ballot measures struck down by the state’s high court. “Michigan progressives gathered enough signatures in 2018 to put two labor measures on the ballot: one to raise… Continue reading

2024 Supplement to The Law of Democracy Now Available

August 10, 2024, 9:20 amUncategorizedRichard Pildes

The 2024 Supplement to our casebook contains new material on AI and democracy; the social-media cases the Court decided this Term; the cases implicating election-law issues involving former President Trump, including the ballot-disqualification decision; and the most recent Court decision… Continue reading

Ground Game: LULAC Endorses Harris

August 10, 2024, 5:38 amvoting2024 Election Cycle, mobilization, multiracial democracy, voter registrationTabatha Abu El-Haj

CBS News: The League of United Latin American Citizens (LULAC), the nation’s oldest and largest Latino civil rights organization with a membership-base of over 130,000 breaks with a 90-year tradition and endorses Harris. “LULAC has a formidable grassroots operation… Continue reading

Shawn McCutcheon is Back

August 9, 2024, 1:30 pmcampaign financeMaine, RCVTabatha Abu El-Haj

Shawn McCutcheon: People running in races with ranked choice voting states should be allowed to accept several times the legal limit. On August 7, the Commission made public an advisory opinion request from Shaun McCutcheon. The requestor asks whether for… Continue reading

“Republicans Ask US Supreme Court To Reinstate Arizona Voter Suppression Laws”

August 9, 2024, 1:22 pmNVRA (motor voter), Uncategorized, voter idArizonaTabatha Abu El-Haj

The Democracy Docket: The Republican National Committee and Arizona Republicans applied to the Supreme Court for emergency relief to reinstate Arizona’s strict proof of citizenship law. “Republicans ask the Supreme Court to reject state voter registration forms if the… Continue reading