I'm delighted to share the news, scooped by @Politico's @ZachMontellaro below, that David Kaye and I have started the Fair Elections and Free Speech Center @ucilaw.
We have assembled a world-class advisory board to help guide our mission, which is to strengthen democracy and the rule of law in the digital age both in the U.S. and around the world. I'm blown away by the folks who signed on to advise us. /4 law.uci.edu/centers/fefs/p…
And we are going to hit the ground running, with a series of free, virtual events, open to all in the fall. Among the most important events is a conference on Election Subversion, on Friday Sept. 24. Speakers include Georgia SOS Brad Raffensperger. calendar.law.uci.edu/event/fefs_ele… /5
Here's the tentative agenda for the Sept. 24 conference on Election Subversion at @ucilaw's Fair Elections and Free Speech Center test.law.uci.edu/centers/fefs/i… /6
The Fair Elections and Free Speech Center will also have a three-part lunch series on challenges in global elections, beginning w a Sept. 1 event looking at disinformation in elections in Uganda, Israel, and the Netherlands. /7 calendar.law.uci.edu/event/fefs_glo…
The Fair Elections and Free Speech Center will also have a three-part lunch series on disinformation in American elections. One panel features Michigan SOS @JocelynBenson and @OCRegistrar Neal Kelly. Others will feature social scientists and law profs. /8 calendar.law.uci.edu/event/fefs_dis…
I'm also excited to moderate a Fair Elections and Free Speech Center conversation on Sept. 9, Is the U.S. Constitution Up to the Task of Preserving American Democracy?, with @jackbalkin, @michelebgoodwin, and Michael Klarman. calendar.law.uci.edu/event/fefs_is_… /9
We have much bigger plans for the Fair Elections and Free Center @UCILaw going forward, as we begin our building and fundraising efforts. @davidkaye and I cannot thank enough @LSongRichardson for her early leadership on this project, and the tremendous law school staff. /10
I *told* you to stay tuned as I had such exciting news I could not contain myself! /12
You can watch this video, in which @davidakaye and I explain why we started the Fair Elections and Free Speech Center @ucilaw, and what we hope to do.
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Tomorrow morning (at 7 am PT) the Supreme Court is expected to issue opinions in its two remaining cases: Brnovich on voting rights and AFP v. Bonta on donor disclosure.
Here's what at stake and what I'll be looking for:
/1
In Brnovich, the Democratic National Committee and others sued over two Arizona voting rules: one that doesn't count votes cast by a voter in the wrong precinct and one that prevents third party collection of absentee ballots (so-called "ballot harvesting"). /2
Democrats in Brnovich claim these rules violate Section 2 of the Voting Rights Act, which provides that minority voters must have the same opportunity as other voters to participate in the political process and to elect representatives of their choice. /3
say goodbye to the old #ELB website, with its blogger-dot-com, myspace, geocities vibe.
Gone in the next hour, to be replaced by something I hope you will love! electionlawblog.org
(Site will be down for a few hours during transition; happening early because SCOTUS is late)
All the election scholars I know expect the Democrats to lose in the Brnovich voting case tomorrow. The bigger question is HOW the Supreme Court writes its decision and if Section 2 of the Voting Rights Act continues to protect minority voters from restrictive voting rules. 1/2
I've written about best-case scenario of a fractured court (or even an alliance among the Court's more liberal members and at least 2 of Barrett-Roberts-Kavanaugh); but it's tough to count on Roberts or Kavanaugh in this context (Barrett more unknown) 2/2 electionlawblog.org/?p=122703
My first post said in the Brnovich case "tomorrow," but tomorrow is not the last day of SCOTUS opinions and the opinion could come later in the week.
#ELB: The Buried Lede in Jon Karl’s Flattering Bill Barr Story: Mitch McConnell Was Willing to Risk American Democracy to Save the Senate electionlawblog.org/?p=122869
Lots of people are buzzing today about Jon Karl’s piece in the Atlantic in which Bill Barr portrays himself in standing up to Trump and his claims of election fraud. As is typical in pieces where people from Barr world are sources, this paints Barr in the best possible light.
The piece does not even mention how Barr put forward outrageous and ludicrous statements about voter fraud before the election, suggesting that foreign governments would be mailing in thousands of absentee ballots. Barr continues on his rehabilitation tour.
ELB survey results: readers are happy with the mix of news and commentary; want to see more coverage of the voting wars, redistricting, and campaign finance; and want more diversity of opinions and authorship.