"Congress's Power Over the Electoral Count" - Election Law Blog
Oct 10, 2024 · This looks to be an important draft from Larry Schwartztol. Here is the abstract: Does Congress have authority to pass legislation regulating the counting of electoral votes? This is a consequential question for the legal framework governing presidential elections. In … Continue reading “Congress’s Power Over the Electoral Count” →
The Electoral Count Reform Act Prohibits Congress From Rejecting …
Oct 16, 2024 · As we get closer to the election, a lot of misinformation about the all-important Electoral Count Reform Act (ECRA) is beginning to rear its head. This is the statute that defines Congress’ role when it receives and counts the electoral … Continue reading The Electoral Count Reform Act Prohibits Congress From Rejecting a State’s Electoral Votes Based on Congress’ “View” about a ...
Derek Muller, Author at Election Law Blog
Jan 18, 2025 · This memo from the Office of Legal Counsel was released January 17, 2024, but was written February 27, 2020 (i.e., late in the first Trump administration and well before Election Day). There is an editor’s note that the Electoral Count Reform Act eliminated references to “registered mail.” But despite the fact that much of the memo has been superseded by statute, the framing of the memo ...
A Surreal Right to Vote: Responding to the Balkinization …
Mar 18, 2024 · [Cross-posted from Balkinization] A Surreal Right to Vote: Responding to the Balkinization Symposium For the Balkinization symposium on Richard L. Hasen, A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy (Princeton University Press, 2024). Richard L. Hasen When Jack Balkin graciously put together a symposium featuring leading election law thinkers to discuss ...
Political questions and Section 3 of the Fourteenth Amendment
Nov 16, 2023 · I went back to look at some of the commentary around the Supreme Court’s decision in Rucho v. Common Cause in 2019. The decision shut the door on federal constitutional challenges to partisan gerrymanders. Much of the commentary around the … Continue reading Political questions and Section 3 of the Fourteenth Amendment →
Cass Sunstein on How the Electoral Count Reform Act Protects the ...
Oct 26, 2024 · This is from the WSJ, which is paywalled. Here’s an excerpt: The Electoral Count Reform Act of 2022, which amended the Electoral Count Act of 1887 … greatly reduces the risk of uncertainty and chaos after Americans vote… The Electoral … Continue reading Cass Sunstein on How the Electoral Count Reform Act Protects the Integrity of the Presidential Election →
Elections Clause Archives - Election Law Blog
Dec 27, 2024 · Category Archives: Elections Clause Sixth Circuit finds no standing for Michigan legislators to challenge ballot initiative under Elections Clause
“Unsealed court documents show judges have long worried about …
Oct 29, 2024 · Politico: More than 18 months ago, as Donald Trump sought to delay several high-profile witness’ testimony to a grand jury investigating his effort to subvert the 2020 election, Washington’s top federal district judge sensed a potential calamity. “The special counsel’s … Continue reading “Unsealed court documents show …
About Election Law Blog
Professor Richard L. Hasen is an internationally recognized expert in election law and campaign finance regulation, writing as well in the areas of legislation and statutory interpretation, remedies, and torts. He is co-author of leading casebooks in election law and … Continue reading About Election Law Blog →
State Court Election Cases and the “Purcell” Doctrine
Sep 29, 2020 · The Supreme Court’s “Purcell” doctrine instructs federal courts that judicial changes to election laws are disfavored as we get close to an election. But this is a doctrine about the equitable powers of federal courts. It is not a principle of substantive, federal constitutional law. That means it does not apply to state courts addressing election-law claims, and …