Join Trevor Potter and Me for a Free Webinar on My New Book, “A Real Right to Vote,” Feb. 29 at 3 PM ET
Looking forward to this conversation with Trevor, brought to you by the Campaign Legal Center. (Free registration required.)
“Local Initiatives to Improve the Voting Experience”
New report from the Fair Elections Center.
Cert petition filed in Wyoming polling place electioneering restriction
Last fall, I noted the 10th Circuit’s decision upholding Wyoming’s ban on electioneering within 300 feet of the polling place. That restriction is substantially larger than the restriction approved by the Supreme Court in Burson v. Freeman (1992). In… Continue reading
“West Virginia’s top election official embraces conspiracy theories and election denial”
NBC News:
The National Association of Secretaries of State Winter Conference is usually a cordial affair. It’s one of two occasions every year in which top election officials from most states gather to commiserate and share nonpartisan advice. But at… Continue reading
“Election Deniers Seek to Rewrite the Law”
NYT:
In the conspiracy-soaked aftermath of the 2020 election, far-right activists clamored to inspect ballots based on elaborate — and false — theories.
In Georgia, election deniers pushed for a review that might detect counterfeit ballots because they were not… Continue reading
“What Recalls Tell Us About Regular Elections”
Joshua Spivak in Governing;
Most people, including elected officials, seem to believe that a recall held on a special election date is much more likely to result in removal. Their logic is clear: The recall proponents would have motivated voters,… Continue reading
“The President of the Senate, the Original Public Meaning of the Twelfth Amendment, and the Electoral Count Reform Act”
The Case Western Reserve Law Review has just published my article, “The President of the Senate, the Original Public Meaning of the Twelfth Amendment, and the Electoral Count Reform Act.” Here is the abstract:
When Congress convenes under… Continue reading
Watch Archived Video of My Conversation with Erwin Chemerinsky on My New Book, “A Real Right to Vote” at the Hammer Museum
You can watch here:
A Real Right to Vote: How a Constitutional Amendment Can Safeguard American DemocracyNow available from Princeton University Press!Read the Kirkus ReviewNEW! Book tour informationWatch book discussion on Morning JoeOrder at … Continue reading
Andrew Albright: “Opportunities for IE Reform in California Law in a Post-Citizens United World”
The following is a guest post from Andrew Albright:
In Citizens United, as we all know, the Supreme Court held that independent expenditures (IEs) cannot be a source of quid pro quo corruption so long as the persons or entities publishing the IEs… Continue reading
“US appeals court to decide if Pennsylvania mail-in ballots with wrong date still count”
AP:
A federal appeals court must decide if Pennsylvania voters need to put accurate handwritten dates on the outside envelopes of their mail-in ballots for the votes to count, a dispute with implications for this year’s presidential contest.
The 3rd… Continue reading
“At worst [Douglas Mackey’s tweets containing false information about how to vote] were calculated to cause voters to send futile text messages and then stay home on election day.”
Pretty remarkable statement in Douglas Mackey’s reply brief in his criminal appeal before the Second Circuit. To me, the “at worst” it seems pretty bad!
As a reminder, Protect Democracy and the Yale Media Freedom and Information Access Clinic filed … Continue reading
“Chief Justice Roberts is right. We need to fix ballot access at the front end”
Mark Brown oped in Cleveland Plain Dealer.
“California and New York allow for preregistration at 16. Data show neither state is fulfilling the promise of these laws.”
Laura Brill at her Substack.
ELB Podcast 5:6: Rick Hasen and Erwin Chemerinsky: A Real Right to Vote
New ELB Podcast:
Why doesn’t the U.S. Constitution contain an affirmative right to vote?
Can constitutional reform promote political equality, defuse the voting wars, and thwart election subversion?
How can we get a constitutional right to vote, if we can’t… Continue reading