//  11/14/18  //  Latest Developments

It's no great secret that we could do a better job of running elections in the United States. Debates over voter suppression, cybersecurity, conflicts of interest, partisan gerrymanders, ballot design, and many other issues remain standard fare during election season. Often, those disputes are resolved through emergency litigation or ad hoc political negotiation. The result is a frantic, stressful, and litigation-heavy approach to elections—one that largely fails to produce systemic reform or to address well-known structural flaws.  

This would be an unwelcome state of affairs at any historical moment. But it is especially unnerving today. Since Bush v. Gore, conflicts between the political parties have expanded to encompass the very democratic process through which "We the People" choose our representatives. Coupled with trends favoring polarization and hyper-partisanship, this development risks weakening the integrity and legitimacy of our electoral system, as well as public confidence in its integrity and legitimacy.

In recent weeks, senior Democrats have indicated that they intend to pass election reform legislation. In light of that possibility, Take Care and Election Law Blog have invited several leading election law scholars to offer thoughts on what smart election reform legislation should look like, whether proposed by Democrats, Republicans, or anyone else. Over the coming weeks, we will publish their analyses. It is our hope that these articles helpfully inform public debate. 

 

 

 


No, Presidential Elector Litigation Will Not Lead To Chaos

9/4/19  //  Commentary

In Slate, Rick Hasen claims that litigation over the independence of presidential electors could "backfire spectacularly." I respectfully disagree.

Requiem for a Lone Star Bail-in

7/25/19  //  In-Depth Analysis

The three-judge district court overseeing the Texas redistricting litigation has held that Texas should not be 'bailed-in' under Section 3(c) of the Voting Rights Act. That's a very worrisome development. Here's why.

Travis Crum

University of Chicago

Versus Trump: The Past And Future Of Gerrymandering

7/18/19  //  Commentary

This week on Versus Trump, Jason and Easha are joined by guest host Melissa Murray of NYU Law and the new Strict Scrutiny podcast. They discuss the recent Supreme Court decision on gerrymandering (Rucho v. Common Cause), what's next in the fight, and where you can find Melissa's wonderful new podcast. Listen now!

Easha Anand

San Francisco