//  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. 

 

 

 


Versus Trump: Legal Challenges, Plus The Post Office Case

11/8/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the (frivolous) legal challenges to come. They are then joined by Public Citizen's Matthew Seligman to learn what happened with all those last-minute ballots, and what might happen in ongoing litigation in the Supreme Court.

Charlie Gerstein

Civil Rights Corps

It's Over. What's Next? Just Recounts, Shenanigans, and Hail Marys

11/6/20  //  Commentary

I catalog the legal attacks to come from the Trump team. None of his strategies have any chance of changing the outcome.

Legal Scholars on the Importance of Counting Every Vote

11/6/20  //  Commentary

We have every confidence in state election officials to finish counting all of our votes as best they know how—and we encourage all of our fellow citizens to wait until they have done so before jumping to conclusions.

Take Care