“Beyond the Spoiler Effect: Can Ranked-Choice Voting Solve the Problem of Political Polarization?”

November 24, 2024, 7:28 amUncategorizedNed Foley

The published version of this article in the Illinois Law Review, co-authored with Nate Atkinson and Scott Ganz, is now available. Here’s its abstract: Ranked-Choice Voting (“RCV”) is growing in popularity among election reformers, who have coalesced in particular… Continue reading

“The Nomination and Election of Statewide Candidates

November 24, 2024, 7:20 amUncategorizedNed Foley

The published version of this article in the Illinois Law Review is now available. Here’s the abstract: The standard system of statewide elections for governor and U.S. senator, among other offices, deserves a thorough overhaul. The collection of signatures by… Continue reading

“Replacing JD Vance in the U.S. Senate sets off scramble in Ohio”

November 24, 2024, 5:40 ampolitical parties, political polarizationTabatha Abu El-Haj

An interesting article from CBS News on the intraparty negotiations in Ohio, where Governor Mike DeWine will be filling JD Vance’s seat until the required special election. DeWine’s goal apparently is to avoid picking a weak candidate that might lead… Continue reading

New Article: “The Brave New World of Judicial Elections: What We Know and What We Don’t”

November 23, 2024, 12:07 pmjudicial electionsNew ScholarshipTabatha Abu El-Haj

Charles Gardner Geyh (Indiana University Maurer School of Law) has posted this new article on judicial elections on SSRN: In this essay, I begin with a discussion of established legal theory, which elucidates the difficulties created by calling upon judges… Continue reading

“Powered by Native Voters, Ranked-Choice Voting and Open Primaries Survive in Alaska”

November 23, 2024, 11:53 amUncategorizedTabatha Abu El-Haj

Bolts Magazine reviews the role of Native Voters in Alaska’s ballot reform efforts, noting, among other things, that “[a]reas with large Alaska Native populations provided the winning margin against repeal. Across the state’s three majority-Native House districts, the ‘no’ vote… Continue reading

New Study: “Voting on Tribal Lands”

November 23, 2024, 11:33 amelection administration, votingNative AmericansTabatha Abu El-Haj

A New Brennan Center study on voter participation on tribal lands highlights the impact of systemic inequities on turnout. Key findings include: “Voter participation in federal elections from 2012 to 2022 averaged 11 percentage points less on tribal lands than… Continue reading

Very Disturbing WaPo Story: “Trump plans to fire Jack Smith’s team, use DOJ to probe 2020 election”

November 22, 2024, 5:17 pmchicanery, Department of Justice, fraudulent fraud squadRick Hasen

This does not bode well at all for the rule of law: President-elect Donald Trump plans to fire the entire team that worked with special counsel Jack Smith to pursue two federal prosecutions against the former president, including career attorneys… Continue reading

Bridgeport Candidate Who Engaged in Deliberate Election Fraud Gets a Slap on The Wrist

November 22, 2024, 5:12 pmabsentee ballots, chicaneryRick Hasen

I was surprised to see such a light punishment for this egregious conduct, especially as this is an area that has seen an unusual amount of problematic activity: A former city councilman, who pleaded guilty to reduced charges in connection … Continue reading

“Trump’s hush money sentencing is delayed yet again”

November 22, 2024, 12:26 pmauthoritarian threats in USTabatha Abu El-Haj

Politico: “In a one-page decision, Justice Juan Merchan postponed the sentencing, which had been set for Nov. 26, in order to weigh Trump’s bid to dismiss the case entirely based on the fact that he is now president-elect.”

“Three California Minor Parties File Federal Lawsuit Against Top-Two System”

November 22, 2024, 12:22 pmpolitical parties, primariesTabatha Abu El-Haj

Ballot Access News: This week, three California minor parties filed a federal lawsuit challenging the constitutionality of the California top-two system. The parties are Peace & Freedom, Green, and Libertarian. Here is the 12-page Complaint in Peace & Freedom… Continue reading

Pennsylvania appeals court finds Democratic election observers’ “Voter Protection” badges violated state electioneering statute

November 22, 2024, 12:18 pmelection administrationDerek Muller

From the Commonwealth Court of Pennsylvania’s decision In re: General Election, 2024, a unanimous three-judge decision (lightly revised): On Election Day, November 5, 2024, counsel for the [Trump] Campaign [and RNC] appeared at Philadelphia’s Election Court and requested an… Continue reading

6th Circuit Issues Decision in Brown v. Yost

November 22, 2024, 7:57 amcourt decisions, direct democracyTabatha Abu El-Haj

The Sixth Circuit (with one concurrence) has ended the appeal of the district court’s denial of a preliminary injunction on grounds of mootness. Background from the opinion, “This appeal arises from a ballot proposal initiated by Cynthia Brown. In February… Continue reading

New Interactive Data Base from the Center for Political Accountability

November 22, 2024, 5:57 amcampaign financeTabatha Abu El-Haj

The Center for Political Accountability today announced the launch of The Barbara and Morris Pearl 527 Interactive Database, a user-friendly interactive database created to shine a spotlight on under-the-radar corporate political spending in the United States. The database has two… Continue reading

“A Setback for Election Reformers?”

November 22, 2024, 5:49 amprimarieselection reform, rank-choice voting, RCVTabatha Abu El-Haj

Walter Olson at Cato has the following reflection on the recent round of election reform in which he cautions commentators to distinguish “ambitious” reforms that “abolish[] party primaries and then employ[] RCV in a general election” (like in Alaska)… Continue reading