A sensible proposal in Arizona, to address a recent development in how some voters are casting their ballots:
Ducey said people who want to drop off their early ballots at polling places on Election Day should be able to have them opened and counted there along with those who actually vote that day. Now, counties send those “late early ballots” unopened to a central location where the signatures on the envelopes must be compared to those already on file.
Only after that happens are the envelopes opened and the votes tallied. That process, which can take days, occurs only after all other ballots are counted.
It’s a proposal that addresses the kind of concern raised by Nate Persily and Charles Stewart in the Wall Street Journal last month: “A mantra of election administrators is that “accurate is better than fast,” which is absolutely true. Still, quick counting of ballots is an international standard for well-run elections, and states with equally complex electoral systems are able to count ballots more quickly and just as accurately as the slowest states. In an era of suspicion among the losers about whether vote counts are on the up-and-up, speed must become a priority, without the loss of accuracy.”
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 Case.”
At Reuters, Andrew Chung writes, “Supreme Court considers limiting judicial scrutiny in U.S. elections.”
Joan Biskupic at CNN has an article, “How Bush v. Gore led to the new monumental challenge to presidential election rules.”
Over at Politico, “How the ‘independent legislature’ case before SCOTUS could upend elections.”
At Roll Call, “Supreme Court to weigh state power over federal elections.”
Steve Calabresi (who filed a brief in support of respondents with Akhil Amar and Vik Amar) has this op-ed in the Wall Street Journal, “Can the Supreme Court Define a State’s ‘Legislature’?”
Over at Heritage, David Rivkin and Andrew Grossman (who filed a brief in support of petitioners for the “Lawyers Democracy Fund and State Legislators”), joined by Richard Raile, have an extensive examination of the instances when states courts have reviewed that the state legislatures have done in federal elections.
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 systems in the months and years ahead. Panelists include Rebecca Green, Lisa Manheim, Derek Muller, Nate Persily, and Charles Stewart. My colleague Steve Huefner will moderate, and I look forward to participating.
For more information about the webinar and to register, click here.
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.
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 run-off voting).
It’s worth noting that military and overseas voters have the option to use IRV in this year’s election, as a result of the Georgia legislature moving up the timeline for a run-off and recognizing the challenge of enfranchising UOCAVA voters in such a short turnaround.
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 Presidential Succession Act to remove congressional leaders from the presidential line of succession, providing instead for succession solely by members of the president’s cabinet.
- This change would address constitutional problems inherent in the current framework and provide clarity and stability amid a crisis.
- Other recommendations deal with presidential incapacity and continuity issues arising during the period between a presidential election and Inauguration Day.
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
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
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
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
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
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
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