Voting & Elections

The right to vote is the guardian of all other rights. It is also under attack in many states. And President Trump, invoking false claims of widespread fraud, is poised to weaken federal voter protections.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

Kris Kobach, appointed by the President, seeks to pass more restrictive voting and immigration laws.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

Efforts to expand automatic voter registration are picking up steam nationally, and the Supreme Court will hear a significant Ohio voting rights case.

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

Commentators argued that President Trump’s sham Commission on Election Integrity is a threat to democracy, the Supreme Court granted certiorari in a case that could have wide-ranging impact on voting rights, and a new Democratic super PAC is fighting back on partisan gerrymandering.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

President Trump signed an executive order creating a presidential commission on “election integrity” based on his false claims of widespread voter fraud during the 2016 election.

The Commission to Round Up the Usual Suspects

5/12/17  //  Commentary

The President's Commission On Voter Fraud Is Not Designed To Seek Data. Instead, The Commission Has Preordained Conclusions It Will Recommend.

Justin Levitt

Loyola Law School

Kris Kobach is a Menace to Democracy. Boycott his Vote-Rigging Commission.

5/11/17  //  Quick Reactions

By Jed Shugerman. Trump is using the Comey firestorm as a smoke screen for a potentially more dangerous move: appointing Kris Kobach vice chair of a new “election integrity” commission, with Mike Pence as chair. Kobach will make it a voter-suppression/vote rigging commission, fomenting anti-immigrant and racist fears.

Take Care

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

Leah Litman analyzes a conservative activists' letter to Attorney General Sessions in light of the illegal Texas redistricting plan.

Facts Matter—Even if the Sessions Department of Justice Doesn’t Realize It

4/26/17  //  Commentary

Just 100 days into the Trump Administration—the Administration that gave rise to the concept of #AlternativeFacts—there is reason to worry that facts don’t matter to the Justice Department now led by Trump’s Attorney General, Jeff Sessions.

Brianne J. Gorod

Constitutional Accountability Center

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

A close special election in Georgia may portend electoral problems for the Republicans. During the 2016 election, the Russian government sought to peddle the myth of voter fraud when it appeared President Trump may lose.

Echoes of History in Objections to Federal Enforcement of Voting Rights

4/21/17  //  Commentary

A letter about how to fix DOJ’s Civil Rights Division has some interesting parallels to a recent voting rights dissent.

Leah Litman

U.C. Irvine School of Law

Information Wars Part I: The Challenge To The Census

4/13/17  //  Commentary

The Trump administration has enacted several policies to conceal, subvert, or manipulate information. It has retracted a proposal to add LGBTQ identification to the U.S. census and eliminated LGBTQ identification from HHS surveys. These policies and others attempt to deny the existence of a problem by disappearing the (inconvenient) facts.

Leah Litman

U.C. Irvine School of Law

Helen Klein Murillo

Harvard Law School '17

District Court Holds that Texas Discriminated Against Minority Voters, Again.

4/11/17  //  Quick Reactions

Cutting-edge analysis by Gerry Hebert and Danielle Lang of yesterday's ruling that the controversial Texas Voter ID law was enacted with racially discriminatory intent.

Danielle Lang

The Campaign Legal Center

The Sessions DOJ Turns a Blind Eye to Discrimination

3/22/17  //  In-Depth Analysis

In the landmark Texas Voter ID case, DOJ has begun its official retreat from the protection of minority voting rights. This is the wrong decision and an ominous sign for the future.

Danielle Lang

The Campaign Legal Center

Arresting the Deterioration of Democracy

3/31/17  //  Commentary

Troubling signs abound for American constitutional democracy. It isn't (yet) too late to halt the decline. But that will require the creation and implementation of a robust democracy agenda.

Daniel P. Tokaji

Ohio State, Moritz College of Law

A Department of Justice, But For Whom?

4/7/17  //  Commentary

A letter about how to fix DOJ’s Civil Rights Division simultaneously maintains that we live in a “post-racial world” and urges the Division to take measures that will disenfranchise people of color.

Joshua Matz

Publisher

Leah Litman

U.C. Irvine School of Law

States Can Require Financial Disclosure by Presidential Candidates to Safeguard Electoral Transparency

4/6/17  //  In-Depth Analysis

Many states are considering bills requiring future federal presidential candidates to release tax returns, or comparable information, in order to be listed on the ballot. Such requirements are good policy and should be upheld under the Constitution.

Danielle Lang

The Campaign Legal Center

Resisting Calls for Illegal Hiring Practices at DOJ’s Civil Rights Division

4/11/17  //  Commentary

Even in these strange and trying times, we would like to think that our Attorney General will follow the law while staffing the division of DOJ charged with realizing the Constitution’s promise of a democracy that’s worth a damn—one open to all citizens, regardless of the color of their skin.

Joshua Matz

Publisher

Leah Litman

U.C. Irvine School of Law

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week, a federal judge found a discriminatory purpose behind Texas's Voter ID law. On Take Care, Joshua Matz and Leah Litman argue that the Trump Administration's plans for the Department of Justice's Civil Rights Division raise grave concerns. Joshua Matz also notes the concern expressed by advocacy groups over Attorney General Jeff Sessions' lack of commitment to protecting voting rights.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

This week, Daniel Tokaji argued for an active "democracy agenda" on Take Care while a movement for voter ID laws grows in the states, despite no evidence of a large voter conspiracy.

The Story Thus Far: Voting Rights

3/16/17  //  Daily Update

Since taking office, President Trump has cast doubt on the American electoral process--even as DOJ has stepped away from challenges to restrictive voter identification laws. Here are some useful analyses of the story thus far.

Helen Klein Murillo

Harvard Law School '17

Updates | Week of March 20, 2017

3/21/17  //  Daily Update

Developments in voting and elections for the week of March 20, 2017.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

Calls for a "special election" pose major constitutional, political, and policy questions, as Ian Samuel explains for Take Care. Instead, the best way to avoid foreign interference may be to update voting technology.