Some Moore v. Harper commentary and roundup

December 6, 2022, 6:37 amElections Clause, legislation and legislatures, Supreme CourtDerek Muller

Ahead of oral argument in Moore v. Harper December 7, commentary and roundup is coming in from everywhere. A few pieces: In the New York Times, Michael Wines has a piece, “Supreme Court to Hear Arguments on Far-Reaching Elections… Continue reading

Election Reflections:A roundtable of election law experts

December 5, 2022, 6:13 pmUncategorizedNed Foley

This Friday, December 9 at noon (ET), Election Law at Ohio State is hosting a roundtable of election law experts, as we have previously. This time is to reflect on the 2022 midterms and consider key issues confronting our election… Continue reading

“Illinois rules for getting on ballot debated at Seventh Circuit”

December 5, 2022, 1:58 pmballot accessDerek Muller

An oral argument recap at the Courthouse News Service. You can listen to the audio of the argument in Gill v. Linnabary here. The panel included Judges St. Eve, Scudder, and Brennan.

Instant run-off voting in Georgia Senate race

December 5, 2022, 1:58 pmelection administrationDerek Muller

Recent pieces by John Tures at The Conversation and Kerwin Swint at RealClearPolitics each point out that Georgia’s expensive run-off election could be avoided if the state adopted ranked choice voting (or, maybe more appropriately for a run-off election, instant… Continue reading

“Continuity of Government: Presidential Succession”

December 5, 2022, 1:58 pmlegislation and legislaturesDerek Muller

New report from John Fortier and Norm Ornstein at AEI. From the “key points”: The Continuity of Government Commission makes recommendations to ensure the continuity of the presidency after a catastrophic event. The core recommendation is that Congress amend the… Continue reading

Partisan Gerrymandering Chapter

December 5, 2022, 12:54 pmUncategorizedNicholas Stephanopoulos

I just posted this book chapter on partisan gerrymandering, which will be part of the Oxford Handbook of American Election Law (coming out next year). Thanks to Gene Mazo for assembling and editing the volume and organizing terrific workshops for… Continue reading

“800-Pound Gorilla: I Spoke with Amy Howe on SCOTUSBLOG’s Podcast about the Upcoming Moore v. Harper Oral Argument

December 5, 2022, 11:16 amUncategorizedRick Hasen

Listen.

“Rudy Giuliani: Ethics charges for election fraud claims take major step forward with trial-like hearing in DC”

December 5, 2022, 6:51 amelection administration, fraudulent fraud squadDerek Muller

Tierney Sneed at CNN: The efforts to discipline attorneys who aided former President Donald Trump’s legal gambits to undermine the 2020 election take a major step forward Monday with the start of key disciplinary proceedings in Washington, DC, that… Continue reading

“What a first-in-the-nation SC primary could mean: Hope, money and amplifying Black voters”

December 5, 2022, 5:54 amprimariesDerek Muller

Caitlin Byrd at the Post and Courier. And in other news on the DNC calendar shuffle, Brianne Pfannenstiel at the Des Moines Register has this piece, “Democrats’ new presidential calendar may invite chaos. Iowa, New Hampshire vow to … Continue reading

“Defamation Suit Against Fox Grows More Contentious”

December 5, 2022, 5:53 amelection administrationDerek Muller

The New York Times: Lachlan Murdoch, the chief executive of the Fox Corporation, is expected to be deposed on Monday as part of a $1.6 billion defamation lawsuit against Fox News for amplifying bogus claims that rigged machines from… Continue reading

“Are close elections that drag out for weeks the new normal?”

December 5, 2022, 5:51 amelection administrationDerek Muller

Interesting piece in the Orange County Register on one potential effect of the California Voting Rights Act: More than three weeks after the election, most contests on Orange County voters’ ballots have long since been settled – but until the… Continue reading

The ISLT: The Remedial Version

December 4, 2022, 10:48 amUncategorizedRichard Pildes

In my testimony to the House outlining different potential versions of an ISLT the Court might adopt, I mentioned a remedial version of such a doctrine. Without endorsing it, I want to explain further what this version would mean. This… Continue reading

Republican Confidence in Election Administration Up in 2022 Compared to 2020, But There’s a Ways to Go on Mail-in Balloting

December 3, 2022, 6:12 pmThe Voting WarsRick Hasen

Pew Research Center: Voters are generally confident ballots were counted accurately in this year’s election, yet they express greater confidence in in-person ballots being counted accurately than they do in counts for absentee or mail-in ballots. Republican voters are more… Continue reading

The ISLT: How State Statutes and State Constitutions Differ

December 3, 2022, 12:17 pmUncategorizedRichard Pildes

With the argument coming up next week in Moore v. Harper, I’ve thought more deeply about some of the less obvious legal issues underlying the case. I plan to do a few posts on these issues. At least several Justices… Continue reading