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Josh Douglas Profile picture
Josh Douglas
@JoshuaADouglas
Voting rights prof @ukcollegeoflaw. Books: The Court v. The Voters (May 2024): https://t.co/G5Phg39JIZ; @VoteForUSBook. Op-eds for @CNN & others. Taco lover.
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Oct 27, 2022 • 16 tweets • 6 min read
JURY DUTY: A thread.

This month I was called for jury duty in the Fayette Circuit Court. It was a fascinating experience. A 🧵 1/ In Fayette County, jurors must call in or check the website each night to see if they must report the next day. In the entire month of Oct., jurors were called only three times!

I knew already that jury trials were rare, but I guess I didn't realize just how rare. 2/
Oct 10, 2022 • 5 tweets • 2 min read
This is really inaccurate reporting in ⁦@nytimes⁩ morning email.

The Moore v Harper case is really, really bad for democracy, but it wouldn’t give more power to state legislatures to overturn election results after the fact. The case is more subtle: if #SCOTUS agrees with NC Republicans, then state legislatures would have no oversight from state supreme courts on election rules. They could pass whatever rules they want—voter ID, gerrymandered maps, etc—and state courts couldn’t invalidate them.
Feb 26, 2021 • 5 tweets • 1 min read
HB 574--the new Kentucky elections bill--is now up on the House floor.

It's a great, compromise package. It expands voter access while enhancing the integrity of the process. #KYGA21 Rep. Decker just mentioned me (though not by name) on the House floor. I was proud to provide some insights on this bill to help improve it. Thanks for the shout-out!
Feb 25, 2021 • 6 tweets • 2 min read
Watching the KY House Elections Committee hearing on HB 574, a big election bill that would both expand voter access and enhance security measures. Rep. Decker said they received feedback from lots of people, including "a professor of law."

I assume that's me! #KYGA21 This bill would allow for four days of early voting, make the absentee ballot request portal permanent, allow counties to have Vote Centers, and allow ballot cures for mismatched signatures. That's not enough, but it's a great start!
Feb 24, 2021 • 4 tweets • 2 min read
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.
Feb 23, 2021 • 24 tweets • 6 min read
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/
Feb 22, 2021 • 4 tweets • 1 min read
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.
Jan 7, 2021 • 8 tweets • 2 min read
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...
Jan 6, 2021 • 65 tweets • 12 min read
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/
Jan 4, 2021 • 5 tweets • 3 min read
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/
Dec 14, 2020 • 7 tweets • 3 min read
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…
Nov 19, 2020 • 5 tweets • 2 min read
🚨This is shocking: Trump apparently "reached out" to the two Republican Wayne County Commissioners. The next day, they signed an affidavit saying they want to rescind their votes to certify the results.

Channeling @BrendanNyhan, what you say if you saw this in another country. This tidbit is in the middle of the AP story. Not sure why it's not the lede.

Of course, it's not clear how Trump "reached out" and it's from an anonymous source.

Still...shouldn't *this* be the story?
Oct 28, 2020 • 7 tweets • 2 min read
BIG: #SCOTUS rejects PA Republicans' attempt to put on hold PA Supreme Court decision extending absentee ballot deadline by 3 days.

SCARY: Three justices think the Court should reverse

OH DEAR: "Additional opinions may follow" 1/

supremecourt.gov/opinions/20pdf… Justice Alito writes for himself, Thomas, and Gorsuch. Barrett did not participate.

Alito starts off ominously: he fears "serious post-election problems" with PA Supreme Court decision. 2/
Oct 28, 2020 • 7 tweets • 2 min read
This is an interesting opinion written by a Trump-appointed district judge on mask mandates and the Voting Rights Act.

Is this a change in the voting rules that the 5th Circuit will reverse? We shall see. The basic gist here is that not requiring masks at the polls disproportionately harm minority voters because they are at greater risk of COVID-19--so they are less likely to feel comfortable voting.
Oct 25, 2020 • 15 tweets • 3 min read
THREAD: Have Trump-appointed judges impacted 2020 election litigation and therefore how we run the election? Let us count the ways.

(Spoiler: they have. A lot). 1/ There have been at least 25 cases in federal courts, brought by plaintiffs seeking to ease voting rules (especially during a pandemic), that have produced appeals.

Voting rights plaintiffs are 4 for 25 overall. For you baseball fans, that means they are batting .160. 2/
Oct 19, 2020 • 16 tweets • 3 min read
THREAD on #SCOTUS 4-4 decision refusing to intervene in Pennsylvania Supreme Court decision. It's a BIG deal.

Normally, the U.S. Supreme Court won't hear cases from state courts about state law. This decision was under PA state constitution's protection for right to vote. 1/ The PA Supreme Court had extended absentee ballot deadline due to pandemic, saying the PA Constitution's "free and equal" clause required expanded voter access.

That should have ended the matter. 2/
Oct 19, 2020 • 16 tweets • 8 min read
THREAD: How many times have federal appellate courts unduly deferred to state legislatures or election officials in recent days, rejecting challenges and failing to uphold the constitutional right to vote? Let us count. 1/ 3rd Circuit, rejecting challenge to Pennsylvania’s signature requirement for candidates to appear on the ballot. 2/

dropbox.com/s/pu0nyi55akpq…
Oct 19, 2020 • 5 tweets • 1 min read
Today's 5th Circuit decision on Texas absentee voting calls right to vote by mail a "privilege" several times.

What happened to the constitutional right to vote?

(Hint: it's supremely devalued by narrow fed court rulings that unduly defer to states.) assets.documentcloud.org/documents/7245… Reading this opinion makes is abundantly clear that this court does not believe there is a fundamental, individual right to vote enshrined within the U.S. Constitution. The court rejects all claims of a burden on individual voters.
Oct 13, 2020 • 9 tweets • 4 min read
BREAKING: 5th Cir. upholds Texas having only one ballot drop box per county.

Implausibly, the court finds that the Tex. Gov's decision *expands* the right to vote instead of *restricts* it.

Up is down.

Here is the opinion: ca5.uscourts.gov/opinions/pub/2… Pay attention to this footnote. It's a continued attack on the ability of the U.S. Constitution to vigorously protect the right to vote, suggesting that laws that direct the voting process aren't actually about the "right to vote."
Oct 13, 2020 • 7 tweets • 3 min read
FL Amend. 4 was supposed to re-enfranchise 1.4 million people w/ felony convictions. @tampabaytimes @propublica research shows only 31,400 Floridians w/ felony convictions have registered.

"it might be America’s biggest case of voter disenfranchisement."

tampabay.com/news/florida-p… h/t @rickhasen and his indispensable Election Law Blog.
Oct 12, 2020 • 38 tweets • 6 min read
It's time for the #KYSen debate between @AmyMcGrathKY and @LeaderMcConnell. Follow along, friends, and I'll give you the highlights. It's go time! 1/ McGrath: Hits McConnell right away for knowing about #COVID19 as early as January but not warning Kentuckians about the threat. 2/