BREAKING: Supreme Court denies review of election cases from Pennsylvania. These cases raised the "independent state legislature" doctrine, saying only legislatures and no one else can change election rules.

Justices Thomas, Alito, and Gorsuch dissent.

supremecourt.gov/orders/courtor…
It takes four justices to agree to hear a case, so this means that no other justices voted to hear the case. We don't know if anyone recused.
Justice Thomas: "That decision to rewrite the rules seems to have affected too few ballots to change the outcome of any federal election."

At least he agrees that Joe Biden won!
It's super interesting that Kavanaugh did not vote to grant cert and hear the cases given what he said in the Wisconsin case before the election, in which he invoked this independent state legislature doctrine.

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More from @JoshuaADouglas

24 Feb
NEW: There's now a companion bill in the KY House, HB 574 (introduced by Repubs). It's largely the same as the Senate version: voter expansions like early voting, Vote Centers, absentee ballot portal; "integrity" measures like ban on ballot collection and risk-limiting audits.
I noticed a few differences between the bills, like the House version prohibiting anyone but Gen. Assembly from suspending or revising any statute pertaining to elections. There are a few other minor differences as well. But it's mostly the same.
This is GREAT news overall for KY. At a time when many other states are simply enacting voter restrictions, this bill would both expand voter access and hopefully make people feel more comfortable with an election's integrity. KY showing again how to be a leader in election law!
Read 4 tweets
23 Feb
BIG KENTUCKY ELECTION NEWS: Republican Sen. @jrajra filed SB 259, a new election bill. There's lots of great stuff here: easing voter reg deadline, early voting, ballot cures, etc. There's also "integrity" stuff I don't love. Let's walk through it.

apps.legislature.ky.gov/record/21rs/sb… 1/
Summary:
-Registration deadline: 21 days (from 29)
-Stricter voter purge process
-Early voting for 4 days
-Vote Centers
-Absentee ballot online request portal
-Ballot cures for mismatched signatures
-Ballot drop boxes (but limits on who can drop off)
-Paper trail required 2/
VOTER REGISTRATION DEADLINE: Bill would change registration deadline from the current 29 days to 21 days. I'd prefer, well, same-day registration or a shorter period, but this is a good start. 3/

tjcinstitute.com/wp-content/upl…
Read 24 tweets
7 Jan
At the request of some KY-based reporters, here are my thoughts on the 25th Amendment and impeachment:
As a law professor focusing on election law, voting rights, and constitutional law, I teach my students to uphold the rule of law and fight for justice. The events of January 6, 2021 demonstrate that the President of the United States has failed...
... to remain faithful to these ideals.President Trump took an oath of office to preserve, protect, and defend the U.S. Constitution. The events of the past few days have demonstrated that he has no interest in doing so.
Read 8 tweets
6 Jan
THREAD: ELECTORAL COUNT ACT DAY.

Usually no one pays attention to Jan. 6 after a presidential election. But today the world is watching. Follow along, if you dare, as we watch Congress. We know the outcome: Joe Biden's win will be official. But it could be bumpy. 1/
What normally happens? A fairly boring, routine joint meeting of the Senate and House in which they open the electoral college votes from each state, in alphabetical order. Senators and House members can object, but it's usually not drawn out. 2/
The vice president presides as the the president of the Senate. There are two "tellers" from each House. The process goes through all 50 states and DC, and the winner is announced. All routine. Even Al Gore presided to announce his own loss in Jan 2001. 3/
Read 65 tweets
4 Jan
THREAD: Just a small sampling of the times that judges (many of them appointed by Trump) rejected claims of election integrity issues, and not just on technical grounds.

First up, Judge Bibas in 3rd Cir. www2.ca3.uscourts.gov/opinarch/20337… 1/
Next, Judge Ludwig of Wisconsin. wpr.org/sites/default/… 2/
Third, Judge Grimberg in Georgia, explaining that Lin Wood had presented "insubstantial evidence." courtlistener.com/recap/gov.usco… 3/
Read 5 tweets
14 Dec 20
THREAD: It's Electoral College day! The Electoral College meets today--but not all together! The 538 members who will vote for president will meet in each state. The process is almost as arcane as its manner of representation to select the president. Some details... 1/
In 33 states (and D.C.), electors are required to vote for whoever won their state. The Supreme Court upheld these "faithless elector" laws earlier this year. In 17 states, electors can vote for whoever, though no one will change their votes this year. 2/ fairvote.org/faithless_elec…
The electors will meet throughout the day. Here's a useful chart of the times from @OSULawExperts 3/ u.osu.edu/electionlaw/20…
Read 7 tweets

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