Author: bakhtawar

Joshua Sellers has posted this draft on SSRN (American University Law Review). Here is the abstract: Increasingly novel legal conflicts over electoral participation and voting rights are on the rise. For instance, multiple aspects of Georgia’s election system have been challenged, including the state’s “exact match” policy. An Arizona law imposing harsh penalties on initiative petition circulators … Continue reading “Political Participation, Expressive Association, and Judicial Review” Continue Reading →

Ned Foley oped: So, how can we improve the odds that any overtime this year ends like 1884 and 1916, instead of 1876 and 2000? It starts with a commitment to state procedures that certify vote counts, several weeks after Election Day, as genuinely reflecting the choice made by the eligible voters participating in the election. … Continue reading “America has to count on more than prayer in the case of close election” Continue Reading →

The 2020 Supplement to Lowenstein, Hasen, Tokaji, & Stephanopoulos, Election Law–Cases and Materials (6th ed.) is up-to-date through the end of the Supreme Court’s October 2019 term ending July 2020. The new material includes coverage of the Supreme Court’s most recent cases on campaign contributions (Thompson v. Hebdon), bribery (Kelly v. United States), and the Electoral College (Chiafalo v. Washington), discussion … Continue reading Now Available: 2020 Supplement to Lowenstein, Hasen, Tokaji, & Stephanopoulos, Election Law–Cases and Materials (6th Edition) Continue Reading →

With at least three of the Court’s four liberal Justices dissenting, the Supreme Court refused to intervene in a case involving Florida felon voting rights, with big implications for voting in November. The procedural path of this case is complex, and laid out well in Justice Sotomayor’s dissent for herself and Justices Kagan and Ginsburg. (Justices don’t … Continue reading Breaking: Supreme Court, on Divided Vote, Refuses to Vacate Stay in Florida Felon Rreenfranchisement Case, Meaning Potentially Hundreds of Thousands of Former Felons Reenfranchised by Florida Voters Won’t Get to Vote in Novembe Continue Reading →

Announcement via email: The Universal Voting Working Group is releasing its report on July 20th.  “Lift Every Voice:  The Urgency of Universal Civic Duty Voting” is the result of almost two years of work by a diverse group of 25 scholars, advocates, and election specialists.  The effort is a joint project of the Brookings Institution and the Ash Center of the … Continue reading July 20 Report Event: “Lift Every Voice: The Urgency of Universal Civic Duty Voting Continue Reading →

As Rick Hasen noted, I have a forthcoming article in The Election Law Journal, with Mike Norton, which empirically shows that the rise of outside money in elections has made governing more difficult.  When outside groups become bigger players, relative to the political parties and candidates, this foments greater tensions and conflicts within the legislative caucuses of both parties.  I … Continue reading The Rise of Outside Money and Congressional Dysfunction Continue Reading →

KC Star: Kris Kobach charged 15 people with election crimes during his tenure as Kansas’ top election official. Many of the cases involved allegations similar to those now facing Kansas Republican Rep. Steve Watkins, who Kobach campaigned with 2018. But Kobach, now a Republican candidate for U.S. Senate, questioned Friday the decision to prosecute Watkins. … Continue reading “Kobach downplays charges against Watkins despite similarity to voter cases he pursued” Continue Reading →

News Service of Florida: On the eve of a trial slated to begin Monday, lawyers representing the state and plaintiffs in a legal battle over Florida’s vote-by-mail procedures have reached a settlement. Priorities USA, Dream Defenders and other plaintiffs have been seeking to expand the state’s vote-by-mail process, arguing that the COVID-19 pandemic will result in … Continue reading “Settlement reached in Florida vote-by-mail battle” Continue Reading →

Transcript of interview with Chris Wallace: WALLACE: Two– TRUMP: That’s going to happen here– WALLACE: Two final questions— TRUMP: If he wins– WALLACE: In general, not talking about November, are you a good loser? TRUMP: I’m not a good loser. I don’t like to lose. I don’t lose too often. I don’t like to lose. WALLACE: … Continue reading President Trump, in Fox News Interview, Suggests without Evidence that Mail-In Balloting with “Rig” the Election, Refuses to Say He Would Accept the Results of the 2020 Election Continue Reading →

Release via email: In a new report released today, a diverse group of 25 experts in U.S. politics, elections, and civil rights make the case for universal civic duty voting—that is, mandatory participation in elections—in the United States. “Lift Every Voice: The Urgency of Universal Civic Duty Voting,” is the culmination of an 18-month effort … Continue reading “Voting Rights Leaders Call for Universal Voting in the U.S.” Continue Reading →