election law
95 Articles
Judges Doing What Judges Do: A Unified Theory of the 2020 Election Season
Dozens of judges, from all political persuasions, uniformly rejected the extravagant claims of President Donald Trump to set aside the presidential election results, or to compel…
The System Is Not Working: The Lopsided Election Result, Not The Courts, Saved Our Democracy
The president’s post-election litigation has crashed and burned, but it has reinforced the pernicious idea, born from Bush v. Gore, that it is appropriate for courts to step…
Trump Has a “Right to Pursue Legal Challenges” to Election, But Not Without the Facts
Author of book on civil procedure discusses the Trump Campaign litigation to date, and Rule 11 sanctions for filing frivolous lawsuits.
No, State Legislatures Cannot Overrule the Popular Vote
Trump supporters' idea of state Legislatures' picking electors to overrule Americans' votes in Pennsylvania or elsewhere is a complete non-starter.
Election Law Primer: What to Expect During and After the 2020 Election
Assessing the Supreme Court's most recent rulings and the election scenarios to watch out for.
An Opportunity for Biden to Set the Terms Against Trump’s Plan to Steal the Election
A statement of seven principles that presidential candidates should be able to easily endorse for free and fair elections.
Without the FEC to Help, Americans Can Sue Campaign Finance Violators Themselves
With the election only 26 days away, the cop on the campaign corruption beat, the Federal Election Commission (FEC), is missing.
Is the Supreme Court Undercutting Congress’ Ability to Check Abuses of Presidential Power?
Yesterday’s Supreme Court rulings holding that the president is not immune from subpoenas issued by Congress and local law enforcement were a relief to many. But even as the…
With Supreme Court Mired in Dark Money, Time for Large Dose of Transparency
Senator Sheldon Whitehouse writes that there is a dual problem with the Supreme Court: not only the web of special-interest, secret donor influence surrounding it; but an extraordinary…
Trump’s True Betrayal: A Pattern of Soliciting Foreign Interference in US Elections
President Donald Trump has repeatedly asked foreign governments to interfere in U.S. elections to help him maintain political power. And there is no reason to expect him to stop.…
A New National Security Framework for Foreign Interference
Campaign-finance laws are inadequate to address today's foreign interference threat. Instead, a national security approach is needed.
The Iceberg’s Tip: Ukraine Phone Call and the Months-Long Conspiracy to Violate Federal Campaign Finance Laws
Top election law expert writes about "the absurdity of the Justice Department’s refusal to investigate."