election law
91 Articles
Oral Argument in Moore v. Harper and the Perils of Finding “Compromise” on the Independent State Legislature Theory
Unpacking the Supreme Court’s oral argument in Moore v. Harper – implications for democracy if the Justices arrive at a compromise position on the “Independent State Legislature”…
Election Denying Officials Who Refuse to Certify Election Results Could Face Prosecution
"Election officials who are considering abusing their power in service of election falsehoods do so at their legal peril."
As Moore v. Harper Takes Shape, a Broad Coalition Takes Aim at the Independent State Legislature Theory
"In this hugely consequential case, in a highly polarized environment, experts of all stripes and partisan affiliations have now weighed in with roughly the same answer: Giving…
Democracy at Risk: Are The Florida Election Police Violating the Law?
This is an important test case for American democracy in the newfound battles over voter suppression."
US Reinvests in Ethnic Oligarchy in Bosnia, Abandoning Support for Integration
President Biden and Secretary of State Blinken, together with allies, should rethink Western Balkans policy based on first principles.
Rebooting Bosnia’s Constitutional Reform Process
A recent election law debacle calls for a major rethink of Western policy in Bosnia, rooted in genuine democratic principles.
Independent State Legislatures and Presidential Elections: Addressing Misconceptions About Current Law and Prospects for Reform
An expert explainer of the independent state legislature theory, the Electoral Count Act and proposals for reform, and the relationship -- and differences -- between the two.
A Historical Perspective on Alternate Electors: Lessons from Hayes-Tilden
The attempt to overturn the results of the 2020 election has raised questions about a historical example in which self-proclaimed electoral votes were sent to, and considered by,…
The Independent State Legislature Theory Should Horrify Supreme Court’s Originalists
With grant of cert in Moore v. Harper, the Supreme Court has teed up question of the independent state legislature theory, which "would have sweeping and dangerous implications…
Backgrounder on Alternate Electors Scheme: Federal and State Criminal Investigations, and Civil Suits
Information on federal and state criminal laws that might apply to false alternate electors plan in 2020 election, and ongoing litigation.
Trump’s Next Presidential Coup Attempt Could Work
Flawed laws, enacted in 1845 and 1887, create a dangerous opportunity.
US, EU Face Higher Hurdles Now for Action Against Orbán’s Tightening Grip in Hungary
His landslide re-election and Russia's war on Ukraine makes pushback on the region's autocratization harder -- and more needed -- than ever.