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THE LAW OF POLITICS AND THE POLITICS OF LAW

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TRUMP CONVINCINGLY WINS ELECTION, HARRIS EXPECTED TO CONCEDE LATER TODAY, AND
PEACEFUL TRANSITION OF POWER SEEMS ASSURED FOR 2024; BROADER IMPLICATIONS FOR
AMERICAN DEMOCRACY LESS CERTAIN

StickyNovember 6, 2024, 7:28 amUncategorizedRick Hasen

Despite some minor hiccups—and a series of Russia-originating bomb threats aimed
at voters and government officials in swing states–the election yesterday went
remarkably smoothly in most of the United States. Donald Trump won election
handily to become the 47th president, an astounding feat given “a criminal
conviction, indictments, an assassin’s bullet, accusations of authoritarianism
and an unprecedented switch of his opponent.” Harris was expected to concede
later Wednesday.

As I wrote earlier this week, when contemplating the different election
scenarios, “If the election is a blowout in Trump’s favor or if he narrowly ekes
out a win, I suspect we won’t hear much about stolen elections for a while.
Democrats may protest, but they won’t try to block Trump’s return to power. The
question will then be about free and fair elections in 2026 and 2028.”

I will have much more to say about what the Trump victory means for the future
of elections and democracy in elections later on down the line—I think there are
some great risks coming in the next few years—but for now, congratulations to
the Trump campaign and many thanks again to the election workers, government
officials, and volunteers, who worked so hard to assure we could have a free and
fair election despite efforts to undermine the election, including from the
election’s winner.

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“BOMB THREATS SULLY OTHERWISE UNEVENTFUL VOTING ACROSS THE COUNTRY ON ELECTION
DAY”

November 5, 2024, 10:32 pmUncategorizedRick Hasen

Votebeat reports.

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“THE MATH IS STARTING TO LOOK DAUNTING FOR HARRIS IN PENNSYLVANIA”

November 5, 2024, 10:25 pmelection administrationRick Hasen

Politico:

> Fewer than 37,000 mail ballots are left to count in Philadelphia, the
> Democratic stronghold where Kamala Harris had hoped to run up the score and
> offset Donald Trump’s gains in other parts of the state.
> 
> Trump is currently leading Harris by about 221,000 votes, or nearly 3
> percentage points, in Pennsylvania, with about 90 percent of the vote
> reported. The math is starting to look daunting for Harris.
> 
> Philadelphia election officials said fewer than 203,000 mail ballots had been
> received on time to be counted, and by their midnight update to the results
> they had counted 166,000 of them. That leaves only about 37,000 — and not all
> of those will be eligible to be counted. Likely thousands of those ballots
> will be rejected for various reasons, such as not having voter signatures on
> the mail envelopes.
> 
> And of course, not all those votes will be for Harris: About 1 in 7
> Philadelphia mail ballots have voted for another candidate…..
> 
> Nearly all of the city’s mail ballots will be counted in the hours ahead. The
> Philadelphia Board of Elections normally releases one more small update of
> mail ballot results in the early morning after Election Day. The final major
> batch of mail ballots are counted and reported around midday Wednesday.
> 
> After that, only a small fraction of Philadelphia’s votes will remain to be
> counted, including provisional ballots and overseas and military ballots, in
> the following days.

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RANKED CHOICE VOTING MEASURES ON TRACK TO LOSE IN AT LEAST SOME STATES;
REDISTRICTING REFORM GOES DOWN IN OHIO

November 5, 2024, 9:58 pmalternative voting systems, redistrictingRick Hasen

Nick Stephanopoulos:

> Of the major democracy-related initiatives (not including AK & NV, where votes
> aren't in yet), only Maine's limit on Super PAC donations looks to be passing
> now.
> 
> RCV is going down in AZ, CO, and ID, and redistricting reform failed in OH.
> 
> — Nicholas Stephanopoulos (@ProfNickStephan) November 6, 2024

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“HOAX BOMB THREATS LINKED TO RUSSIA TARGET POLLING PLACES IN BATTLEGROUND
STATES, FBI SAYS”

November 5, 2024, 4:32 pmchicaneryRick Hasen

Reuters:

> Hoax bomb threats, many of which appeared to originate from Russian email
> domains, were directed at polling locations in four battleground states –
> Georgia, Michigan, Arizona and Wisconsin – as Election Day voting was
> underway, the FBI said on Tuesday.
> 
> “None of the threats have been determined to be credible thus far,” the FBI
> said in a statement, adding that election integrity was among the bureau’s
> highest priorities.
> 
> At least two polling sites targeted by the hoax bomb threats in Georgia were
> briefly evacuated on Tuesday.
> 
> Those two locations in Fulton County both re-opened after about 30 minutes,
> officials said, and the county is seeking a court order to extend the
> location’s voting hours past the statewide 7 p.m. deadline.
> 
> Republican Georgia Secretary of State Brad Raffensperger blamed Russian
> interference for the Election Day bomb hoaxes.
> 
> “They’re up to mischief, it seems. They don’t want us to have a smooth, fair
> and accurate election, and if they can get us to fight among ourselves, they
> can count that as a victory,” Raffensperger told reporters.

MORE from Politico.

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GEORGIA: “FEDERAL JUDGE BLASTS GOP ATTORNEYS FOR ‘FACTUALLY AND LEGALLY
INCORRECT’ LAWSUIT”

November 5, 2024, 4:15 pmchicaneryRick Hasen

AJC:

> A federal judge in Savannah blasted Republican attorneys Tuesday for bringing
> what he called a factually and legally deficient lawsuit that sought to
> prevent Democratic-leaning counties from counting absentee ballots delivered
> in recent days.
> 
> The Republican National Committee and the Georgia Republican Party sought a
> restraining order to prevent the counting of ballots received Saturday through
> Monday in Athens-Clarke, Chatham, Clayton, Cobb, DeKalb, Fulton and Gwinnett
> counties. The lawsuit said state law prohibits Georgians from delivering their
> ballots in person to local election offices after the close of advance
> in-person voting Friday. After that, the GOP says voters can only deliver
> their ballots on Election Day.
> 
> Following a hearing Tuesday, Chief Judge R. Stan Baker of the Southern
> District of Georgia rejected the request and spent half an hour listing the
> reasons the claim is wrong. But he went further, chastising the GOP’s lawyers
> — Alex Kaufman of Alpharetta and Mark Bandy of Savannah — who brought the
> case.
> 
> “It’s dangerous when a nonlawyer makes claims that are factually and legally
> incorrect about the right to vote,” Baker said. “But for lawyers it’s more
> dangerous.”…
> 
> In his oral ruling, the judge said Georgia law clearly allows voters to
> deliver their absentee ballots in person until polls close on Election Day. He
> noted that counties have been opening on weekends to accept ballots for years.
> And he said the lawsuit conflated rules for early in-person voting — which
> ended Friday — with rules for absentee ballots.
> 
> Baker said the Republican interpretation of Georgia law does not meet “even
> the most basic level of statutory review and reading comprehension.” And he
> noted the lawsuit targeted only Democratic-leaning counties — not counties
> such as Republican-leaning Walton that also accepted ballots over the weekend.
> 
> If he were to grant the Republican request, Baker said he would be depriving
> the people who returned their ballots Saturday through Monday of their right
> to vote — but only in “cherry picked” Democratic counties.
> 
> He even suggested such a ruling would violate his oath to administer justice
> fairly.
> 
> Baker said people in the political arena often play “fast and loose with the
> facts,” but he said the justice system demands that lawyers refrain from such
> behavior….

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RICHIE: “WEAPONIZING MINOR PARTIES: 2024 EDITION”

November 5, 2024, 3:32 pmalternative voting systems, ballot access, third
partiesRick Hasen
The following is a guest post from Rob Richie: Weaponizing Minor Parties: 2024
Edition By Rob Richie The presidential election will come down to which
candidate wins in the seven swing states – the same closest states from 2020
that… Continue reading



JUDGE ORDERS LOCAL ELECTION OFFICIAL IN FAYETTE COUNTY, PA TO DO HIS JOB AND NOT
CONDUCT AN ILLEGAL HAND COUNT OF BALLOTS

November 5, 2024, 3:07 pmUncategorizedRick Hasen
Here is the court order.



MILWAUKEE RESULTS, ALREADY NOT EXPECTED TO BE MOSTLY COMPLETE UNTIL 2-3 AM, WILL
BE FURTHER DELAYED BECAUSE OF TABULATION ISSUE

November 5, 2024, 3:05 pmUncategorizedRick Hasen
Steve Chamraz:



BREATHE.

November 5, 2024, 2:59 pmUncategorizedRick Hasen
Maybe have a glass of wine.



“ELECTION DAY LARGELY RUNNING SMOOTHLY, WITH JUST A HANDFUL OF ISSUES”

November 5, 2024, 11:53 amelection administrationRick Hasen
Good news via WaPo: The final day of voting in a deeply divided nation’s
high-stakes elections started mostly smoothly on Tuesday, with only scattered
problems at some polling locations. In a presidential race expected to hinge on
the outcome in … Continue reading



“MUSK TO SPEND ELECTION NIGHT WITH TRUMP; ELON MUSK HAS SPENT $119 MILLION ON A
SUPER PAC SUPPORTING DONALD TRUMP AND HELD EVENTS ON HIS BEHALF. BUT HIS
OWNERSHIP OF X IS ESPECIALLY VALUABLE.”

November 5, 2024, 11:11 amcampaign finance, campaigns, cheap speechRick Hasen
NYT: Elon Musk plans to spend election night with former President Donald J.
Trump, giving Mr. Trump direct access to the person controlling one of key
information platforms on what could be a chaotic evening…. Mr. Musk is joining
the… Continue reading



A MOMENT OF THANKS TO OUR ELECTION OFFICIALS AND ELECTION WORKERS, THE REAL
ELECTION HEROES

November 5, 2024, 10:48 amUncategorizedRick Hasen
Those who work or volunteer in elections have always had a tiring, stressful,
and often thankless job. Now, these workers should be entitled to combat pay–
but they at least deserve our thanks. Some have faced harassment, intimidation,
insults, and… Continue reading



“FLAW IN RIGHT-WING ‘ELECTION INTEGRITY’ APP EXPOSES VOTER-SUPPRESSION PLAN AND
USER DATA; A BUG THAT WIRED DISCOVERED IN TRUE THE VOTE’S VOTEALERT APP REVEALED
USER INFORMATION—AND AN ELECTION WORKER WHO WROTE ABOUT CARRYING OUT AN ILLEGAL
VOTER-SUPPRESSION SCHEME.”

November 5, 2024, 10:25 amchicanery, fraudulent fraud squadRick Hasen
Wired: An app developed by the right-wing nonprofit True the Vote to crowdsource
claims of voter fraud contained a security flaw that exposed the email addresses
of all users who posted or commented on the platform, along with other… Continue
reading



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ELECTION LAW BLOGGER


RICK HASEN

Gary T. Schwartz Endowed Chair in Law and Professor of Political Science
UCLA School of Law
Director, Safeguarding Democracy Project


CONTRIBUTORS


TABATHA ABU EL-HAJ

Professor of Law, Drexel University Thomas R. Kline School of Law
@tabathaabuelhaj
View posts ›


SAM BAGENSTOS

Frank G. Millard Professor of Law, University of Michigan (on leave)
View posts ›


BRUCE E. CAIN

Professor of Political Science, Stanford University
View posts ›


GUY-URIEL E. CHARLES

Charles J. Ogletree Jr. Professor of Law, Harvard Law School


EDWARD B. FOLEY

Ebersold Chair in Constitutional Law, The Ohio State University
View posts ›


HEATHER K. GERKEN

Dean and Sol & Lillian Goldman Professor of Law, Yale Law School
View posts ›


ABBE GLUCK

Alfred M. Rankin Professor of Law at Yale Law School (on leave)
View posts ›


ANITA KRISHNAKUMAR

Professor of Law, Georgetown University Law Center
View posts ›


JUSTIN LEVITT

Professor of Law at LMU Loyola Law School, Los Angeles
View posts ›


DEREK T. MULLER

Professor of Law, Notre Dame Law School
View posts ›


SPENCER A. OVERTON

Patricia Roberts Harris Research Professor of Law,
The George Washington University Law School
View posts ›


NATE PERSILY

James B. McClatchy Professor of Law, Stanford Law School
View posts ›


RICHARD H. PILDES

Sudler Family Professor of Constitutional Law, NYU School of Law
View posts ›


NICHOLAS STEPHANOPOULOS

Kirkland & Ellis Professor of Law, Harvard Law School
View posts ›


DAN TOKAJI

Fred W. & Vi Miller Dean and Professor of Law
University of Wisconsin Law School
View posts ›


FRANITA TOLSON

Dean and Carl Mason Franklin Chair in Law at USC Gould School of Law
View posts ›


RECENT BOOKS BY RICK HASEN




A REAL RIGHT TO VOTE

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American
Democracy
Now available from Princeton University Press!
Read the Kirkus Review
Book tour information
Watch book discussion on Morning Joe
Order at Amazon, Barnes and Noble, Bookshop


CHEAP SPEECH: HOW DISINFORMATION POISONS OUR POLITICS–AND HOW TO CURE IT

Cheap Speech: How Disinformation Poisons Our Politics--and How to Cure It (Yale
University Press, 2022)
Cheap Speech book website

Named one of the best books on disinformation by the New York Times


ELECTION LAW–CASES AND MATERIALS

Election Law–Cases and Materials (7th edition, Carolina Academic Press, 2022)
(with Daniel Hays Lowenstein, Daniel P. Tokaji, and Nicholas O. Stephanopoulos)

2024 Casebook Supplement (Free)


ELECTION MELTDOWN

Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy
(Yale University Press, 2020)


LEGISLATION, STATUTORY INTERPRETATION, AND ELECTION LAW: EXAMPLES & EXPLANATIONS

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations
(2d ed. Wolters Kluwer, 2020)


RECENT ELB PODCAST EPISODES




THE ELB PODCAST

Season 5, Epidode 8 Renee DiResta: Invisible Rulers and the 2024 Elections

Season 5, Episode 7 Rick Pildes: The Two Ricks Discuss the Trump Immunity and
Hush Money Cases

Season 5, Episode 6 A Real Right to Vote (Rick Hasen & Erwin Chemerinsky)

Season 5, Episode 5 Trump, The Supreme Court, and the Shadow Docket (Steve
Vladeck)

Season 5, Episode 4 Protecting Democracy in 2024...and 2025 (Ian Bassin & Jess
Marsden

Season 5, Episode 3 The Trump Prosecutions, the First Amendment, and Election
Interference (Genevieve Lakier and Eugene Volokh)

Season 5, Episode 2 The Roberts Court and American Democracy (Joan Biskupic)

Season 5, Episode 1 The Trump Indictments, the 2024 Elections, and Public Peace

Season 4, Episode 10 U.S. Democracy and the Independent State Legislature Theory
after Moore v. Harper

More podcast episodes ›


RECENT OP-EDS & COMMENTARIES BY RICK HASEN

Democrats Sure Aren’t Acting as If Trump Beating Biden is an Existential Threat
to Democracy, Slate, July 10, 2024

Trump Immunity Ruling Will Be John Roberts’ Legacy to American Democracy, Slate,
July 1, 2024

The First Amendment Just Dodged an Enormous Bullet at the Supreme Court, Slate,
July 1, 2024

That Big Jan. 6 Supreme Court Decision is Not the Big Win for Trump People Think
It Is, Slate, June 28, 2024

A Democratic Super PAC’s New Trump Ad Might Be Borderline Criminal, Slate, June
26, 2024

Why It’s Hard to Muster Even a ‘Meh’ Over Trump’s New York Criminal Trial, Los
Angeles Times, April 14, 2024

2016 Election Fraudster ‘Ricky Vaughn’ Might Finally Be About to Face the
Music, Slate, April 1, 2024

The Supreme Court Just Delivered a Rare Self-Own for John Roberts, Slate, March
5, 2024

It’s Past Time to Quit Hoping the Courts are Going to Stop Trump, Slate, March
4, 2024 (with Dahlia Lithwick)

The Biggest Supreme Court Case Nobody Seems to Be Talking About, Slate, February
23, 2024

How to Actually Guarantee the Right to Vote: A Six-Point Checklist, The
Atlantic, February 13, 2024

A Grand Bargain is Emerging in the Supreme Court’s Trump Cases, But Chaos May be
Ahead, Slate, February 8, 2024

Donald Trump is Asking the Supreme Court for the Bush v. Gore Treatment, Slate,
February 7, 2024

Trump’s Lawyers Made Some Very Odd Strategic Choices in the Supreme Court Ballot
Case, Slate, January 29, 2024

The 2024 Election Will Be Fair. People Still Won’t Believe It, Politico, January
25, 2024

The U.S. Lacks What Every Democracy Needs, New York Times, January 16, 2024

Terrifying Reports About Trump’s Plans for a Second Term Have One Bright
Spot, Slate, November 7, 2023

The Supreme Court Needs to Make a Call on Trump’s Eligibility, The Atlantic,
September 26, 2023

The Biggest Difference Between the Georgia Indictment and the Jan. 6
Indictment, Slate, August 15, 2023

Why Georgia Might Beat the Feds at Holding Trump Accountable, Los Angeles Times,
August 8, 2023

U.S. v. Trump Will Be the Most Important Case in Our Nation’s History, Slate,
August 1, 2023

John Roberts’ Big Complaint About Elena Kagan is Deeply Ironic, Slate, July 5,
2023

There’s a Time Bomb in Progressives’ Big Supreme Court Voting Case Win, Slate,
June 27, 2023

There Are Still Two Major Legal Threats to the Voting Rights Act, Slate, June
12, 2023

John Roberts Throws a Curveball, New York Times, June 8, 2023

There’s Unsettling New Evidence About William Rehnquist’s Views on Segregation,
Slate, June 1 2023 (with Dahlia Lithwick)

The Urgent Warning That Got Cut from a Supreme Court Opinion 20 Years
Ago, Slate, May 30, 2023

What the Court’s Would Do If the Succession Fire Played Out in Real Life, Slate,
May 15, 2023

Why It’s Fine that Fox and Dominion Settled, Slate, April 19, 2023

The Effort to Suppress the Vote is Spreading to the Republican
Mainstream, Slate, April 11, 2023 (with Dahlia Lithwick)

Donald Trump Probably Should Not Have Been Charged with (This) Felony, Slate,
April 4, 2023

Unfortunately, the Biggest Election Case of the Supreme Court Term Could Soon Be
Moot, Slate, February 6, 2023

Meta is Bringing Trump Back to Facebook. It Should Keep Him on a Short Leash to
Protect Democracy, Slate, January 25, 2023

I’ve Been Way More Worried About American Democracy Than I Am Right Now, Slate,
November 14, 2022

The Courts are the Only Thing Holding Back Total Election Subversion, The
Atlantic, November 2, 2022

An Arizona Court Seems to Think Voter Intimidation Isn’t Voter Intimidation, NBC
News Think, November 1, 2022

The Supreme Court is Headed for a Self-Imposed Voting Caseload Disaster, Slate,
October 26, 2022 (with Nat Bach)

The Truly Scary Part About the 1.6 Billion Conservative Donation, Slate, August
23, 2022 (with Dahlia Lithwick)

What the Critics Get Incredibly Wrong About the Collins-Manchin Election Bill,
Slate, July 25, 2022

It’s Hard to Overstate the Danger of the Voting Case the Supreme Court Just
Agreed to Hear, Slate, June 30, 2022

No One is Above the Law, and that Starts with Donald Trump, N.Y. Times, June 24,
2022

The Jan. 6 Committee Should Be Looking Ahead to Election Threats in 2024, Wash.
Post, June 8, 2022

The One Group That Can Stop Elon Musk from Unbanning Trump on Twitter, Slate,
May 10, 2022

Facebook and Twitter Could Let Trump Back Online. But He’s Still a Danger,
Washington Post, Mar. 9, 2022

How Supreme Court Radicalism Could Threaten Democracy Itself, Slate, Mar. 8,
2022

How to Keep the Rising Tide of Fake News from Drowning Our Democracy, N.Y.
Times, Mar. 7, 2022

North Carolina Republicans Ask SCOTUS To Decimate Voting Rights in Every State,
Slate, Feb. 25, 2022

What Democrats Need From Mitch McConnell to Make an Election Reform Deal Worth
It, Slate, Jan. 4, 2022

No One is Coming to Save Us from the ‘Dagger at the Throat of America,’ N.Y.
Times, Jan. 7, 2022

More op-eds and commentaries by Rick ›


RECENT ACADEMIC ARTICLES AND WORKING PAPERS BY RICK HASEN

The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S.
Election Law, 134 Yale Law Journal (forthcoming 2025), draft available:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4930622

Reckoning with the Undead Irreparable Injury Rule, Review of
Litigation (forthcoming 2025), draft available,
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4901755

From Bloggers in Pajamas to The Gateway Pundit: How Government Entities Do and
Should Identify Professional Journalists for Access and Protection, forthcoming
in THE FUTURE OF PRESS FREEDOM: DEMOCRACY, LAW & THE NEWS IN CHANGING TIMES
(Cambridge U. Press, RonNell Andersen Jones and Sonja R. West eds. forthcoming
2025)

States as Bulwarks Against, or Potential Facilitators of, Election Subversion,
in Our Nation at Risk: Election Integrity as a National Security Issue (Karen
Greenberg and Julian Zelizer, eds. NYU Press, forthcoming 2024)

Election Reform: Past, Present, and Future in Oxford Handbook of American
Election Law (Eugene Mazo, ed., forthcoming 2024), draft available:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4218256

Nonprofit Law as a Tool to Kill What Remains of Campaign Finance Law: Reluctant
Lessons from Ellen Aprill, 56 Loyola of Los Angeles Law Review 1233 (2023)
(festschrift symposium honoring Ellen Aprill)

Identifying and Minimizing the Risk of Election Subversion and Stolen Elections
in the Contemporary United States, 135 Harvard Law Review Forum 265 (2022)

Research Note: Record Election Litigation Rates in the 2020 Election: An
Aberration or a Sign of Things to Come?, Election Law Journal,
https://www.liebertpub.com/doi/epdf/10.1089/elj.2021.0050 (2022)

Optimism and Despair About a 2020 “Election Meltdown” and Beyond, 100 Boston
University Law Review Online 298 (2020) (part of symposium on my book, Election
Meltdown)

Three Pathologies of American Voting Rights Illuminated by the COVID-19
Pandemic, and How to Treat and Cure Them, Election Law Journal (2020)

More academic articles by Rick Hasen ›


RECENT BOOKS BY ELB CONTRIBUTORS




TOKAJI & YABLON- ELECTION LAW IN A NUTSHELL

Election Law in a Nutshell (3d ed., West Academic Publishing, 2024)
by Daniel P. Tokaji & Robert Yablon


PILDES – THE LAW OF DEMOCRACY

The Law of Democracy: Legal Structure of the Political Process, 6th ed.
(Foundation Press, 2022)
by Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes, Nathaniel Persily,
and Franita Tolson


PERSILY – SOCIAL MEDIA AND DEMOCRACY

Social Media and Democracy
(Cambridge Press, 2020)
by Nathaniel Persily and Joshua A. Tucker


GERKIN – THE DEMOCRACY INDEX

The Democracy Index: Why Our Election System Is Failing and How to Fix It
by Heather K. Gerken
(Princeton University Press 2009)


PODCASTS BY ELB CONTRIBUTORS




TOLSON – FREE AND FAIR PODCAST

Free & Fair with Franita and Foley
Franita Tolson and Edward Foley


RECENT ARTICLES BY ELB CONTRIBUTORS

Tabatha Abu El-Haj, Networking the Party: First Amendment Rights & the Pursuit
of Responsive Party Government, 118 Colum. L. Rev. 1225 (2018).

Bruce E. Cain, Wendy K. Tam Cho, Yan Y. Liu & Emily R. Zhang, A Reasonable Bias
Approach to Gerrymandering: Using Automated Plan Generation to Evaluate
Redistricting Proposals, 59 Wm. & Mary L. Rev. 1521 (2018).

Edward B. Foley, Requiring Majority Winners for Congressional Elections:
Harnessing Federalism to Combat Extremism (May 10, 2021). Ohio State Legal
Studies Research Paper No. 61

Anita S. Krishnakumar, Cracking the Whole Code Rule (February 19, 2020). St.
John’s Legal Studies Research Paper No. 20-0002, New York University Law Review,
Forthcoming

Justin Levitt, Failed Elections and the Legislative Selection of Electors, 96
N.Y.U. L. Rev. 1052 (2021)

Derek T. Muller, Election Subversion and the Writ of Mandamus, William & Mary
Law Review (forthcoming)

Spencer Overton, Power to Regulate Social Media Companies to Prevent Voter
Suppression. GWU Legal Studies Research Paper No. 2020-23, GWU Law School Public
Law Research Paper No. 2020-23, 53 U.C. Davis L. Rev. 1793 (2020)

Nicholas Stephanopoulos, The Sweep of the Electoral Power (October 20, 2020).
Constitutional Commentary, Forthcoming, Harvard Public Law Working Paper No.
21-07

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