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The law of politics and the politics of law
Site URL: electionlawblog.org/
Feed URL: electionlawblog.org/feed
Posts: 63
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Missouri gerrymandering: you’ll get whiplash from the speed of the SCOTUS reprimand
Published: September 22, 2026 01:21
Missouri is currently holding a general election using its 2022 congressional map. It’s going to continue holding its general election using its 2022 congressional map. But the Supreme Court is going to have to clean up a little mess on… Continue reading…
‘The Eighth Circuit’s Missouri Redistricting Mishegas’
https://electionlawblog.org/2026/the-eighth-circuits-missouri-redistricting-mishegas/
Published: September 22, 2026 01:12
Steve Vladeck on the latest development in this Missouri saga: ‘It is exceedingly difficult to see how anything the Eighth Circuit said in its ruling tonight will alter [the Supreme Court’s earlier] calculus in the new map’s favor; if… Continue reading …
Eighth Circuit orders Missouri to use its primary map, not one ordered by Missouri Supreme Court; gives 7 days for SCOTUS to review
Published: September 21, 2026 22:35
The opinion is here. It is unusually long by Eighth Circuit standards. Briefly speaking, it finds the Missouri Supreme Court’s map violates Article I, Section 2. It then instructs the district court to convert the TRO (which was supposed… Continue reading …
“Missouri election officials begin mailing ballots as they await ruling on congressional map”
Published: September 21, 2026 16:27
The Missouri Independent: Missourians living overseas began receiving their ballots Friday despite continuing uncertainty over which congressional candidates should be listed on them. Military personnel and other eligible Missourians outside the United…
Distinct, Sometimes Overlapping, Theories
https://electionlawblog.org/2026/distinct-sometimes-overlapping-theories/
Published: September 21, 2026 14:49
After my post yesterday on proving partisan versus anti-competitive gerrymandering, some readers asked for examples of these theories diverging. In yesterday’s Texas case study, of course, the theories converged. Texas’s 2022 congressional plan was both a…
‘Networks Suspend Pool Coverage of Trump After CNN Is Barred’
https://electionlawblog.org/2026/networks-suspend-pool-coverage-of-trump-after-cnn-is-barred/
Published: September 21, 2026 14:24
N.Y. Times live update: ‘The five networks that have suspended their pool coverage of President Trump — ABC, CBS, CNN, Fox News, and NBC — just issued a joint statement: “The public has a vital interest in receiving accurate, independent… Continue reading…
“Election Administration in 2026: Unprecedented (Again)”
https://electionlawblog.org/2026/election-administration-in-2026-unprecedented-again/
Published: September 21, 2026 12:13
Tammy Patrick, is the Chief Program Officer at the Election Center, the National Association of Election Officials. Patrick has been working in the election administration space since 2003. Here’s an excerpt from her piece today for the NYU Democracy’s…
“Max Miller threatens legal action over Democratic challenger’s ‘defamatory’ ad”
Published: September 21, 2026 11:57
POLITICO’s report with a link to the demand letter: ‘Rep. Max Miller is threatening legal action to block a television ad created by his Democratic challenger Brian Poindexter that includes allegations of domestic abuse. ‘A lawyer for Miller is… Continue…
“Republican South Dakota secretary of state endorses Democrat to succeed her”
Published: September 21, 2026 00:09
Politico: South Dakota’s Republican secretary of state urged voters to cast their ballots for a Democrat in the November election, arguing she could not back the GOP nominee — and drawing the ire of party leadership. Monae Johnson announced she’s… Continue…
Proving Partisan Versus Anti-Competitive Gerrymandering
https://electionlawblog.org/2026/proving-partisan-versus-anti-competitive-gerrymandering/
Published: September 20, 2026 14:55
Disclosure: I represent the plaintiffs in the anti-competitive gerrymandering case discussed in this post. The Wisconsin Supreme Court recently heard arguments in a pair of redistricting cases that are unusual (though not unique) in that they allege both…
‘California Cracks Down on Influencers’ Undisclosed Political Ads’
https://electionlawblog.org/2026/california-cracks-down-on-influencers-undisclosed-political-ads/
Published: September 20, 2026 13:35
More details from the N.Y. Times on one of California’s new laws: ‘The state has required the disclosures for paid posts about state- and local-level campaigns since 2023, but until now, content creators couldn’t be fined or prosecuted if they… Continue…
‘Newsom Signs Bills Meant to Prevent Trump’s Interference in Midterms’
Published: September 19, 2026 22:01
N.Y. Times: ‘Gov. Gavin Newsom signed legislation on Saturday that is meant to prevent interference in California’s midterm elections in response to efforts by President Trump and other Republicans to restrict voting participation. … ‘One bill prohibits…
I Spoke to Dahlia Lithwick for the Slate Amicus Podcast on the Mail-In Ballot Case and Other Trump Election Meddling Efforts
Published: September 19, 2026 21:15
Listen here. The post I Spoke to Dahlia Lithwick for the Slate Amicus Podcast on the Mail-In Ballot Case and Other Trump Election Meddling Efforts appeared first on Election Law Blog.
‘Russia Aims to Inject Chaos Into Elections, U.S. Intelligence Finds’
https://electionlawblog.org/2026/russia-aims-to-inject-chaos-into-elections-u-s-intelligence-finds/
Published: September 19, 2026 18:38
N.Y. Times: ‘Classified U.S. intelligence assessments from recent months have determined that the Kremlin has again authorized a digital influence campaign to peddle content across social media in hopes of seeding or amplifying domestic divisions around…
‘CNN, Politico and MS NOW Reporters Barred From White House’
https://electionlawblog.org/2026/cnn-politico-and-ms-now-reporters-barred-from-white-house/
Published: September 19, 2026 18:29
N.Y. Times with live updates and details. This is not an election law story, narrowly defined, but it certainly is a law of democracy story. Democracies can’t exist without the press being able to cover the government in power without… Continue reading …
‘Trump’s Census Proposal Could Cut House Seats From Red States’
https://electionlawblog.org/2026/trumps-census-proposal-could-cut-house-seats-from-red-states/
Published: September 19, 2026 18:14
N.Y. Times: ‘If congressional seats were redistributed based on recent census figures, excluding undocumented immigrants and other noncitizens without green cards could cause Texas to lose a congressional seat it would otherwise have gained, according to a…
‘Top DOJ official warned that prosecutors would be fired for not pursuing alleged voter fraud’
Published: September 18, 2026 20:02
Carol Leonig and Ken Dilanian for MS NOW ‘A top Justice Department official warned managers in a recent conference call that federal prosecutors could be fired if they decline to investigate and pursue cases of reported election fraud, according to……
‘To Protect Direct Democracy, Two States Mull a New Approach: Name It As a Right’
Published: September 18, 2026 19:27
Bolts: ‘After years of attacks on voters’ power to take matters into their own hands, democracy advocates are going on the offensive in Montana and Missouri. They’ve placed constitutional amendments on the ballot to declare that people have a fundamental……
‘Civil Rights Groups Sue to Keep Armed Agents Away From Voting Sites’
Published: September 18, 2026 19:08
N.Y. Times: ‘Civil rights groups and labor unions sued the Trump administration on Friday, asserting that its aggressive immigration enforcement and suggestions that it could send armed agents to polling sites amounted to voter intimidation and violated…
‘‘My Money:’ Trump’s Claim That He Controls MAGA Super PAC Draws Watchdog Complaint’
Published: September 18, 2026 19:03
N.Y. Times (Shane Goldmacher & Maggie Haberman): ‘President Trump has called the $400 million super PAC run by his political advisers “my money that I control.” A campaign watchdog group this week filed a formal complaint with the Federal Election……
‘Heeding ranked choice voting, candidates refine their strategies in Alaska governor’s race’
Published: September 18, 2026 15:02
Very interesting article about Alaska’s gubernatorial election in the Anchorage Daily News (thanks to Rob Richie for the pointer): ‘Treg Taylor, a Republican who weeks ago vowed to be the “last line of defense against Lower 48 liberals who hate… Continue…
“The Mother of the SAVE Act”
https://electionlawblog.org/2026/the-mother-of-the-save-act/
Published: September 18, 2026 14:40
A deep dive over at Real Clear Politics: A hotel room in Arizona in January makes for an unusual war room, but that’s exactly where a small group of conservative-minded election attorneys gathered in 2024 to discuss upcoming elections… Continue reading …
NYU Democracy Project Publishes “Democracy’s Challenges: 100 Ideas”
https://electionlawblog.org/2026/nyu-democracy-project-publishes-democracys-challenges-100-ideas/
Published: September 18, 2026 13:33
We launched NYU’s Democracy Project with a series of 100 essays in 100 days on how a range of people, from the US and internationally, saw the challenges facing democracies in our era. The subjects we covered included elections, polarization,… Continue…
‘Why Russia Holds Elections, and How the Kremlin Gets the Results It Wants’
Published: September 18, 2026 12:53
Interesting piece in the N.Y. Times about Russia’s upcoming parliamentary elections. I have no doubt that Russia’s elections are ersatz, but as an election law scholar (an not a political scientist) I find it somewhat imprecise how to determine when……
‘Virginia Attorney General: D.H.S. May Have Broken State Laws in Voter Fraud Investigation’
Published: September 18, 2026 02:29
N.Y. Times: ‘The attorney general of Virginia sent a letter on Thursday warning Markwayne Mullin, the homeland security secretary, that the department’s hunt for evidence of election fraud “potentially violates several Virginia laws” and demanding that the…
‘Montana Ban Would Strike at Political Spending, and the Supreme Court’
Published: September 18, 2026 02:26
N.Y. Times: ‘Voter disgust over an avalanche of political spending by corporations, labor unions and other special-interest groups is driving support for a possible ban on “dark money” in Montana, which could test a landmark Supreme Court decision. ‘The…
‘Appeals court considers reviving Missouri redistricting fight, citing murky Supreme Court orders’
Published: September 18, 2026 02:20
Josh Gerstein and Kyle Cheney for POLITICO: ‘Though the high court’s order last week appeared to be the death knell for the GOP-led redistricting measure — once expected to net Republicans one additional seat — a panel of the 8th… Continue reading The…
‘More than 34 million Americans have been impacted by mid-decade redistricting’
Published: September 18, 2026 02:11
A new Protect Democracy report, with this summary: Gerrymandering whiplash we see today has six main potential consequences: Severed electoral accountability and representation. Elected leaders running for reelection are meant to be evaluated, at least in…
‘Postal Service chief says work stopped on computer system key to Trump effort to limit mail voting’
Published: September 18, 2026 02:04
AP interview: ‘The top official at the U.S. Postal Service said Thursday that the agency has stopped work on developing a controversial computer system that was central to President Donald Trump’s effort to limit mail voting after the Supreme Court ……
“Six Charged in California, Kansas, and Louisiana for Illegally Voting, Fraudulent Voter Registration, and Identity Fraud”
Published: September 17, 2026 18:08
That’s the Department of Justice headline from earlier this week. Of note is this prosecution for fraud that arose during state ballot initiative petition circulation: James Brass, 47, also known as “Lord,” of Victorville, California, was arrested last…
ELB Book Corner: Topping & Rultenberg: “Why Ohio’s Gerrymandering Story Is America’s Story”
Published: September 17, 2026 14:00
I am pleased to welcome to ELB Book Corner Rory Riley Topping and Josh Rultenberg, authors of Draw the Line in Ohio: How One State’s Fight for Fair Maps Explains Gerrymandering in America (ELB readers can use this link… Continue reading The post ELB Book…
Eighth Circuit will hear oral argument today in Missouri map dispute
Published: September 17, 2026 12:42
You can review the briefing in Onder v. von Glahn here. As noted by Travis here earlier, the Supreme Court, without dissent, ordered a stay pending appeal, and the stay will remain in place until the Supreme Court… Continue reading The post Eighth Circuit…
“Democrats Hope Voting Rights Decision Will Drive Black Turnout in South”
Published: September 17, 2026 11:35
N.Y. Times: ‘Across the South, from the Mississippi Delta to Georgia’s suburbs, Black Democratic candidates are imploring Black voters to rise up and secure the representation this November that they were expected to be denied with the gutting of the……
“Congress May Be Broken Beyond Repair. Lawmakers Told Us How It Happened.”
Published: September 17, 2026 00:21
Robert Draper for the N.Y. Times: ‘Few Americans — including members of Congress themselves — believe that the legislative branch is fulfilling its duties as the founders intended. As Representative Jim Himes, a moderate Democrat from Connecticut who has……
New Podcast “The Unstoppable Vote”: On the Extraordinary Resilience of American Elections
Published: September 16, 2026 21:41
Announcement from CEIR: The Center for Election Innovation & Research has just released The Unstoppable Vote, a five-episode documentary podcast series built around the underappreciated fact that no federal general election in American history has ever…
‘Fewer than Half of Americans Expect Free and Fair Midterms’
https://electionlawblog.org/2026/fewer-than-half-of-americans-expect-free-and-fair-midterms/
Published: September 16, 2026 19:39
A US San Diego survey: ‘Only 49% of Americans answered “Yes” when asked “Do you expect that the upcoming midterm elections held in November 2026 will be free and fair elections?” in a new national survey conducted from September… Continue reading The post…
Safeguarding Democracy Project Sept. 22 Webinar: “Election Talk: How are the Media and Social Media Doing in Informing Voters?”
Published: September 16, 2026 14:34
Join us! (Free registration required) Election Talk: How are the Media and Social Media Doing in Informing Voters? Tuesday, September 22 12:15pm-1:15pm PT. (Webinar) Register here. Co-sponsored by the Institute for Technology, Law & Policy, UCLA Law.……
‘Lawyers argue over South Dakota’s notification letters to voters registered as federal-only’
Published: September 16, 2026 14:33
South Dakota Searchlight reports: ‘A federal judge will decide whether South Dakota’s secretary of state is violating the U.S. Constitution with allegedly misleading letters to voters registered as federal-only, and by allegedly failing to tell them how to…
“The Ballots & Bots: Defending Democracy, Elections, and Public Trust in the Age of AI”
Published: September 16, 2026 14:24
There’s an online option for this conference by Catawba College’s Center for North Carolina Politics & Public Service and the Task Force for American Democracy, to be held on Monday, September 28. The post “The Ballots & Bots: Defending Democracy,…
ELB Book Corner: Topping & Rultenberg: “Can Courts Fix Gerrymandering?”
https://electionlawblog.org/2026/elb-book-corner-topping-rultenberg-can-courts-fix-gerrymandering/
Published: September 16, 2026 14:00
I am pleased to welcome to ELB Book Corner Rory Riley Topping and Josh Rultenberg, authors of Draw the Line in Ohio: How One State’s Fight for Fair Maps Explains Gerrymandering in America (ELB readers can use this link… Continue reading The post ELB Book…
I’m Honored to Present Purdue University’s Constitution Day Lecture Tomorrow:
Published: September 16, 2026 12:10
The post I’m Honored to Present Purdue University’s Constitution Day Lecture Tomorrow: appeared first on Election Law Blog.
At the NYU Democracy Project Series on Election Issues, Derek Muller Addresses Concerns About the Process of Certifying Outcomes
Published: September 16, 2026 12:07
Here’s an excerpt from Derek’s essay: The certification of election results should be a sleepy thing. It is a simple step that formally indicates who won an election. But it has come to stand for something much more in… Continue reading The post At the…
‘Election officials prepare for chaos as Trump seeks to tilt the midterms toRepublicans’
Published: September 16, 2026 01:24
Reuters with a comprehensive report: ‘Two months before Americans vote in midterm elections that could reshape the balance of power in Washington, local and stateofficials across the country are rehearsing for a crisis that once seemed unthinkable: ‘What…
Wisconsin Supreme Court arguments
https://electionlawblog.org/2026/wisconsin-supreme-court-arguments/
Published: September 16, 2026 01:10
The Wisconsin Supreme Court will be hearing arguments tomorrow in two congressional redistricting cases, one alleging separation-of-powers and partisan-gerrymandering violations, the other raising an anticompetitive gerrymandering claim. You can find the…
‘After a Yearslong Nightmare, Relief for American Samoans Punished for Voting’
Published: September 16, 2026 00:42
Bolts with a lengthy story on this saga. The post ‘After a Yearslong Nightmare, Relief for American Samoans Punished for Voting’ appeared first on Election Law Blog.
“The Right to Vote in Free and Fair Elections”
https://electionlawblog.org/2026/the-right-to-vote-in-free-and-fair-elections/
Published: September 16, 2026 00:38
The September 2026 issue of the ABA’s Human Rights magazine has an impressive Table of Contents, with pieces from prominent contributors, including Wisconsin Law dean Dan Tokaji. The post “The Right to Vote in Free and Fair Elections” appeared first on…
“Mail-In Voting Survives”
https://electionlawblog.org/2026/mail-in-voting-survives/
Published: September 16, 2026 00:23
Ruth Marcus in the New Yorker: ‘With three bland, technocratic sentences, the Supreme Court saved the midterm elections. … ‘Fuelled in part by the pandemic, mail-in voting has evolved from exception to norm, much to the displeasure of… Continue reading …
“Patel Suggests F.B.I. Agents May Be Sent to the Polls”
https://electionlawblog.org/2026/patel-suggests-f-b-i-agents-may-be-sent-to-the-polls/
Published: September 15, 2026 20:27
N.Y. Times: ‘The F.B.I. director, Kash Patel, suggested on Tuesday that he was open to sending federal agents to polling places, raising alarms from Democrats that the Trump administration would act aggressively to assert greater control over the coming…
“How the Postal Service Became Central to U.S. Elections”
https://electionlawblog.org/2026/how-the-postal-service-became-central-to-u-s-elections/
Published: September 15, 2026 17:04
N.Y. Times with an historical overview. The post “How the Postal Service Became Central to U.S. Elections” appeared first on Election Law Blog.
“In Fits and Starts, the Supreme Court Stands Up to Trump”
https://electionlawblog.org/2026/in-fits-and-starts-the-supreme-court-stands-up-to-trump/
Published: September 15, 2026 17:00
Adam Liptak in the N.Y. Times: ‘The Supreme Court has not been eager to tangle with President Trump. For much of his second term, the court seemed to have settled on a strategy of deference, ducking and delay. ‘But sometimes… Continue reading The post “In…
“SCOTUS Leaves the Ballot-Mail Rule Blocked”
https://electionlawblog.org/2026/scotus-leaves-the-ballot-mail-rule-blocked/
Published: September 15, 2026 16:50
Forwarded this email? Subscribe here for moreWatch nowSCOTUS Leaves the Ballot-Mail Rule Blocked Bob Bauer video (and transcript) on yesterday’s decision. The post “SCOTUS Leaves the Ballot-Mail Rule Blocked” appeared first on Election Law Blog.
“Libertarians and Greens are accused of being plants to spoil tight midterm races”
Published: September 15, 2026 16:43
Washington Post: Campaign behavior in Arizona ‘has escalated long-standing Republican suspicions that Libertarian candidates in hot congressional races are being propped up by Democrats aiming to siphon off conservative votes. ‘The concern is especially…
“What We Learned from USPS v. California”
https://electionlawblog.org/2026/what-we-learned-from-usps-v-california/
Published: September 15, 2026 16:32
Steve Vladeck on learning three things from yesterday’s opinions: First, about the majority: ‘[M]y own read of the cryptic order is that five other justices [besides Kavanaugh] publicly signaled that they do not believe the government will ultimately…
“Trump Slams Supreme Court Over Mail Ballot Ruling”
https://electionlawblog.org/2026/trump-slams-supreme-court-over-mail-ballot-ruling/
Published: September 15, 2026 16:17
N.Y. Times: ‘President Trump on Tuesday assailed the Supreme Court’s decision to block his administration’s efforts to change mail voting and issued a blistering criticism of the three justices he appointed during his first term. ‘“These are not the…
I Spoke with Ankush Khardori About the Mail Ballot Case and Trump’s Attempts to Meddle with the Midterms
Published: September 15, 2026 16:07
Q & A: On Monday, the Supreme Court rejected the Trump administration’s last-ditch effort to upend mail-in voting during this year’s midterm elections. The ruling was a welcome relief to state election officials throughout the country who had raised…
ELB Book Corner: Topping & Rultenberg: “When Cheating Becomes a Strategy”
Published: September 15, 2026 14:00
I am pleased to welcome to ELB Book Corner Rory Riley Topping and Josh Rultenberg, authors of Draw the Line in Ohio: How One State’s Fight for Fair Maps Explains Gerrymandering in America (ELB readers can use this link… Continue reading The post ELB Book…
At the NYU Democracy Project’s Election Series, Michael Morley on “Non-Citizens and the 2026 Election”
Published: September 15, 2026 12:26
Michael T. Morley is the Sheila M. McDevitt Professor of Law and Faculty Director of the Election Law Center at the Florida State University College of Law. Here’s an excerpt from his essay: Even under our current rules, however,… Continue reading The…
The merits and the equities in USPS v. California
https://electionlawblog.org/2026/the-merits-and-the-equities-in-usps-v-california/
Published: September 15, 2026 11:03
Last night’s decision came out, which include with the line from the majority, “The Governmentis unlikely to succeed on the merits of its challenge.” Three justices expressed more sympathy. Of some note, reading closely, Justice Alito’s lengthy dissent,…
N.Y. Times coverage of Court’s postal order & aftermath
https://electionlawblog.org/2026/n-y-times-coverage-of-courts-postal-order-aftermath/
Published: September 15, 2026 11:01
Lead story, Trump’s Effort to Assert Control Over Elections Continues, Despite Court Loss: ‘he stymied attempt to have the U.S. Postal Service screen mail ballots was just one piece of a broader effort involving the full power of the… Continue reading The…
My New One at Slate: “Let’s Celebrate the Supreme Court Not Outright Rigging the 2026 Election”
Published: September 15, 2026 03:12
I have written this piece for Slate. It begins: There are two ways of looking at the Supreme Court’s three-sentence ruling in USPS v. California Monday evening that put an end to Donald Trump’s attempt to disenfranchise millions of elderly,… Continue…
“Whistle-Blower: Federal Agents May Have Broken State Laws in Search for Voter Fraud”
Published: September 15, 2026 01:16
N.Y. Times: ‘Investigators may have broken state laws under the direction of top Homeland Security leaders as part of an expansive effort to find noncitizens on the nation’s voter rolls, according to a federal whistle-blower’s account released on Monday.…
More news out of Missouri
https://electionlawblog.org/2026/more-news-out-of-missouri/
Published: September 15, 2026 01:08
Former elections official accuses Missouri secretary of state of altering results, misleading judge, by the Missouri Independent: ‘A former top elections official is accusing Missouri Secretary of State Denny Hoskins of changing local election results,…
Breaking: Supreme Court, with Justices Thomas and Alito Publicly Dissenting, Continue Block on USPS Rule Through the Midterm Elections [Now Updated with Analysis]
Published: September 14, 2026 23:40
You can find the ruling at this link. The Supreme Court, with the noted dissents of Justices Alito and Thomas, has rejected the government’s mendacious attempt to put its USPS mail ballot rule in place for the 2026 midterm election… Continue reading The…