Election Law & Politics:
redistricting, gerrymandering (partisan and race-based), voter-id laws, & more


last updated 11/09/2020


how to vote in NC this November


check to see if you're registered to vote at your current address in NC

how to register to vote in NC, if you're not already registered (several options available)

request an NC absentee ballot totally online

NC Board of Elections issues emergency executive order for November elections
on safety and increase in number of Early Voting sites 

how to return an absentee ('mail-in') ballot in NC

find out the status of your absentee ballot:  BallotTrax

find locations & hours of Early Voting sites in Durham County
In-person Early Voting starts Thursday, October 15, 2020

Early Voting Site Map Locater

find location and hours of your precinct voting site on Election Day, November 3, 2020 (Durham County)
put in your name/address... find your polling place


and the ultimate authorities:

NC State Board of Elections

Durham County Board of Elections

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NC election news-bits of the moment:

Early voting statistics for Durham County     (10/31/2020)
by end of in-person Early Voting, over 50% of registered voters will have voted in that manner;
this does not include those voting by mail

Supreme Court gets last word: mail-in ballots received by 11/12/2020 will count    (10/28/2020)

Judge overrules part of NC BoE settlement on mail-in ballots but allows others     (10/14/2020)

NC State Board of Elections reaches tentative settlement over voter signature mistakes  (9/23/2020)
GOP objects after its Election Board member sign consent agreement, but then resign, but
Trump campaign sues to stop the agreement  (9/26/2020)


NC photo-id finally goes on trial   (9/11/2020)

FL felons cannot register to vote unless all fines paid (9/11/2020)

Some NC felons regain right to vote   (9/4/2020)

A second court blocks NC voter-id law  (2/18/2020)

Federal judge temporarily blocks NC voter-ID law  (12/30/2019)

Civil rights groups seek to block new NC voter-ID law in U.S. District Court  (12/4/2019)

Court approves legislature-passed US congressional districts for 2020  (12/2/2019)

 NC Election Board approves 2020 Voter ID for all UNC-system schools (even NCSSM!)

11/15/19: new NC congressional districts approved by legislature

10/28/19: NC congressional districts ruled unconstitutional; Court orders redrawing before 2020 elections
Redistricted NC legislative districts passed last month are approved by same Court


NC legislative districts redrawn, submitted to courts

9/3/2019:  The end of partisan gerrymandering in NC?

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Table of Contents

redistricting/gerrymandering news (NC, in particular, plus other states)

gerrymandering resources and articles

the Supreme Court's stance on partisan gerrymandering  was revised on 6/27/2019
how to recognize partisan gerrymandering


voter-ID laws and other voter-rights issue

the Electoral College


election security


elections in the time of coronavirus  

state election laws

(absentee voting; all-mail elections; early voting)


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and in other news...

Making Every Vote Count
an alternative plan to fixing the presidential election mess:
proportional voting and ranked-choice voting

About those mail-in absentee ballots anomalies in NC's 9th District
paywall
 

5 ways to improve elections in light of Mueller Report

Ranked choice voting probed in Maine 2018



  latest gerrymandering/voter-id postings:

Common Cause v. Lewis: trial ends in Wake County Superior Court

Supreme Court abdicates on partisan gerrymandering:
Partisan gerrymandering claims present political questions beyond the reach of the federal courts

Symposium on gerrymandering, post-Rufo


 Finding common ground on voter-id laws


comments, corrections, & suggestions to
kolena@gmail.com


the Supreme Court on partisan gerrymandering

On June 19, 2017, for the first time, the Supreme Court signaled that it could in principle rule on the issue of partisan gerrymandering, by taking the case of Gill, Beverly R. et al vs. Whitford, WIlliam, et al. involving redistricting in Wisconsin.   (The Court has ruled on racial gerrymandering many times in recent decades.) 

The closest that the Court had previously come to ruling on the subject of partisan gerrymandering was in 2004 (Vieth v. Jubelirer
) when 4 justices (Scalia, Rehnquist, O'Connor, and Thomas) held that courts should never rule on the issue of partisan gerrymandering, whereas 4 justices (Stevens, Bader Ginsburg, Souter, and Breyer) held the opposite view.  The ninth justice, Anthony Kennedy, (while opposed to taking up the Vieth v. Jubelirer case at hand) allowed that, at some time in the future -- when and if a workable standard for partisan gerrymandering could be found -- the Court could potentially review such a case.  It may be that such workable standards have been established.

In June 2018, however, the Supreme Court chose not to rule on the merits of 3 pending partisan gerrymandering cases (in MD, NC, and WI), and, instead, sent the cases back to their respective District Courts.

However, on January 4, 2019, the Supreme Court again agreed to hold hearings (on March 26, 2019) on the NC and MD partisan gerrymandering lawsuits.   And on June 27, 2019, the Supreme Court ruled (5 conservative - 4 liberals) that
"Partisan gerrymandering claims present political questions beyond the reach of the federal courts."  This appears to rule out future appeal on grounds of partisan gerrymandering.


how to recognize partisan gerrymandering

At least five possible quantitative tests of partisan gerrymandering have been developed:
(Note: some of the links below will result in an immediate pdf download; others require you to click on an additional pdf download link when the original link opens.  A general warning: the original articles are typically 50 pages in length.)


A) 
A 2017 article, Redistricting: Drawing the Line, (authored by Bangia et al. and including NCSSM alums Jonathan Mattingly c/o '88 and Christy Vaughn c/o '11), and the less-quoted updated version: Quantifying Gerrymandering in North Carolina, addresses several possible methods for fair redistricting (most based on Monte-Carlo-generated redistricting), applied particularly to the case of North Carolina since the 2010 Census.  A totally different approach from 'efficiency gaps' and 'wasted votes' (see below).

A recent article, The Mathematicians who want to Save Democracy (Nature, 8 June 2017), summarizes their work and includes some comments on other tests.  


B) The Efficiency Gap method (brought to prominence by Nicholas Stephanopoulos and Eric McGhee) counts the 'wasted votes'  for each party in a given state and converts those totals to an 'efficiency gap' percentage.   A longer version of this article is here.

The efficiency-gap test was invoked by the plaintiffs in the Wisconsin case, Gill v. Whitford

"Wasted votes" are votes that don't result in the winning of a congressional race.  They include:  (1) all votes cast for a losing candidate and (2) votes for the winning candidate in excess of the minimum number needed to win.

The "efficiency gap" is defined as  100% . |(sum of all wasted votes in a given state for the Democratic party) - (sum of all wasted votes in the state for the Republican party)|/(total number of votes cast in that state).
Stephanopoulos and McGhee propose that if the efficiency gap is 7% or higher, that is sufficient evidence of illegal partisan gerrymandering in that state.  An alternative indicator of partisan gerrymandering is if a party is cost 2 congressional seats in an election.
(The efficiency-gap method can also be applied to state legislative districts.)

A high efficiency-gap percentage is equivalent to a political party experiencing both many landslide victories and losses in that state.  It is considered the simplest test of partisan gerrymandering.

Some practical examples of wasted votes and efficiency gaps.


C) The Seats-to-Votes Curve (championed by King and BrowningTufte,  or  Goedert
compares the fraction of seats won by political parties in recent elections to their historical averages (typically over the past four decades).  Large discrepancies between actual congressional-seat share and 'expected' seat share would be indicative of partisan gerrymandering.


D) The Mean-Median District Vote Share Difference (proposed by McDonald and Best, with further quantification by Wang) compares parties' mean congressional district share with its median district vote share.  A large difference between mean and median values is used to identify partisan gerrymandering.


E)  A version of the Fair Division principle (aka "I cut, you freeze") authored by Pegden, Procaccia, and Yu.
Recent summaries can be found here (2/15/18, Washington Post, by two of the authors) and here (2/27/18, Slate, with some visual examples).


The Brennan Center for Justice recently examined and compared three of these tests (A, B, and C above) in a 40-page (with many pictures) article. Numerous examples of the various tests applied to recent state elections are included.    A much shorter Washington Post article summarizes a few of the results of their comparisons.

Duke University hosted a 4-day conference/workshop on the Geometry of Redistricting in November 2017.  
It included a 2-day conference, open to the public, followed by a 2-day workshop, by invitation, including an Educator Track.




redistricting & gerrymandering news


What's happened --- and what's to come with NC legislative redistricting,
and NC (and other states) congressional redistricting

note:  although there is only one time ordering below, there are multiple court cases included;
some cases are about gerrymandering based on race,
while others are about partisan gerrymandering (based on political-party identity).
Other states' cases about partisan gerrymandering are included.

In addition,
some cases are about redistricting congressional maps for the U.S. House of Representatives,
whereas others concern the maps for NC legislative (House and Senate) districts.
However, (most of) the recent US-congressional-district cases are about partisan GM, whereas
the NC-legislative-district cases are about racial GM.


date

NC
or
US
districts
Racial
or
Partisan
GM

court case/ruling, issue, etc.
(active, unresolved cases are in green in 2nd/3rd columns)
5/15/2020 MO P 'Clean Missouri' law (passed by voters with 62% if the vote in Nov 2018) repeal (first approved by state House/Senate) goes to voters for referendum in November 2020.

The repeal would replace the demographer (in charge) with a non-partisan commission or with appellate judges.
3/6/2020 VA-US
P/R Virginia legislators give up redistricting power to a non-partisan commission: measure goes ballot in November 2020 for voter approval.


2/18/2020


NC-US


P
Another court rules NC voter-ID unconstitutional:

3-judge NC Court of Appeals unanimously rules that the NC voter-ID amendment "target(s) African-Americans with almost surgical precision" and issues preliminary injunction that prevents voter-ID being used while lawsuit is still in courts.

12/31/2019 NC-US
NC likely to gain one congressional seat as a result of 2020 census reapportionment (which likely won't be concluded until 2022)
12/2/2019 NC-US P Court approves legislature-passed US congressional districts for 2020
Judges applaud legislature's 'transparency'.
11/15/2019


11/20/2019
NC-US P NC legislature approves new congressional districts.  Plaintiffs will sue again.
What will courts do?   Will it be in time to save a March 2020 primary?

Superior Court meets 9 am December 2, to decide next steps

no candidate filings until after that date

11/5/2019 NC-US P NC GOP legislative leaders throw in towel; agree to congressional redistricting in advance of 2020 elections
10/28/2019 NC-US





NC
P
US 3-judge Court rules NC Congress districts shows signs of "extreme partisan gerrymandering" and orders new districts drawn before 2020 primary elections (or else elections will be delayed)
Court Decision
Will NC Republicans appeal and risk delaying the elections? No.

Same Court approves last month's redistricting of NC legislative districts.
9/27/2019 NC-US

NC

P

P
Democrats file suit challenging gerrymandering of NC's US congressional districts

Common Cause files suit against 'new" NC legislative districts; asks Court to redraw districts 19 of the newly-drawn districts.


9/17/2019


NC P NC legislature redraws 'gerrymandered' districts.  Maps awaiting court approval.

New districts still skewed toward GOP, but less than current districts.

How legislators managed to do NC House/Senate redistricting in 2 weeks:
midnight work sessions and lottery balls

more analysis:
from Michael Bitzer on the skew of the new district maps
from Jon Mattingly on how bad the previous maps were are here, here, and here

9/3/2019 NC P
NC Wake Co Court 3-judge panel rules partisan gerrymandering violates 'Free Elections', 'Equal Protection', 'Freedom of Assembly', and 'Freedom of Speech' clauses of NC Constitution
Judges require new districts by 9/18/2019 (or else delay 2020 elections, Court warns)

Superior Court ruling  (357 pages)
House/Senate GOP leaders whine, but won't appeal.

Washington Post, New York Times, and Election Law Blog all take notice.
7/26/2019 NC P Common Cause v. Lewis ends.  Next, after the decision: appeal by loser?
7/19/2019 NC P Hofeller files displayed in Common Cause v. Lewis trial

actual Hofeller files/maps   are not particularly helpful without commentary
7/15/2019 NC P Common Cause v. Lewis: Trial opens in Wake County Superior Court: Is the current NC legislative restricting plan a violation of the NC Constitution?

Summary of the opposing arguments
Case background
Common Cause legal filings
7/12/2019 NC P 3-judge panel rules that secret Hofeller redistricting files can be admitted (as "public records") in a Wake County gerrymandering court case (beginning 7/15/19) that will test whether the Hofeller drawing of NC legislative districts violated the NC Constitution.

The Hofeller files and their history
6/27/2019 NC-US, MD-US
P
Supreme Court rules 5-4 "Partisan gerrymandering claims present political questions beyond the reach of the federal courts."
Decision seemingly disallows further partisan gerrymandering appeals to federal courts, and it therefore leaves those decisions only to state legislatures and courts, constitutional amendments, or nonpartisan redistricting commissions.

The decision remand the case (again) to lower federal courts to review whether the plaintiffs had standing to bring the case.  But the lower court said it did that.  What next?

Related: 
The Signature of Gerrymandering in Rucho v. Common Cause, published in South Carolina Law Review, Vol. 70, No. 4  (November 8, 2019), 36 pages

Dirty Think about Law & Politics in Rucho v. Common Cause  published in
Duke Law School Public Law & Legal Theory Series No. 2019-78  (October 14, 2019, 13 pages)


What the decision may mean for Maryland.

The decision further states that "
Numerous States are actively addressing the issue through state constitutional amendments and legislation placing power to draw electoral districts in the hands of independent commissions, mandating particular districting criteria for their mapmakers, or prohibiting drawing district lines for partisan advantage."

However, CJ John Roberts (who wrote the above decision and the words in the previous paragraph) was on the losing side of a 5-4 decision in 2015 that non-partisan redistricting commissions are constitutional (despite taking redistricting power away from state legislatures).  A convenient change of opinion or plain hypocrisy? 
Will the decision on commissions survive with Kavanaugh now on the Court?
6/18/2019 VA R Supreme Court lets Virginia anti-racial-gerrymandering decision stand,
although decision is about a more mundane matter (who gets to defend a a state's interest in court: in VA, at least, it's the Attorney General, not the Legislature)
5/24/2019 US-OH, MI
P Supreme Court says no gerrymandering remedy for you MI & OH: puts holds on lower Court decisions requiring immediate re-drawings of both states'
U.S. Congressional Districts

5/3/2019 US-OH P U.S. Court of Appeals 3-judge panel unanimously rules Ohio congressional districts unconstitutional gerrymander that "dilutes the votes of Democratic voters by packing and cracking into districts that are so skewed ... that the electoral outcome is predetermined."   A 300-page opinion!
New plan must be submitted by 6/14/2020
Are lower courts trying to send the Supreme Court a gerrymandering message?
4/26/2019 US-MO P Missouri voters passed 'Clean Missouri' (aka Amendment 1) in Nov 2018 to take redistricting away from 2 commissions (members appointed by political parties) and give the lead to a 'state demographer' (amendments can be made by the 2 commissions). 
But GOP legislators now want to repeal that measure, by appealing to black Democrats.
4/25/2019 US-MI P Unanimous U.S. District Court:  Michigan congressional and legislative districts a political gerrymander "of historic proportions". 
Court requires new districts be drawn and signed into law by Aug. 1 (or else court will draw them).
A stay is likely, pending (likely June) Supreme Court decision on NC/MD cases.
3/26/2019 US-NC, MD P Transcript of oral arguments in Russo v. Common Cause, NC gerrymandering case
Transcript of oral arguments in Lamone v. Benisek, MD gerrymandering case

Amicus brief Pegden, Rodden, and Wang showing that
(1) "partisan gerrymandering can be quantitatively measured"
(2) "a quantitative analysis confirms that NC's legislative map is a quantitative gerrymander"

Amicus brief by Grofman and Gaddie on why the Supreme Court must provide a check on egregious partisan gerrymandering

Amicus brief of Mathematicians by Charles and Gupta

post-hearing commentary summary at SCOTUSblog
and an
exhaustive list of national commentary

Howe analysis: Justices divided and hard to read (but, bottom line: neither Kavanaugh or Roberts seem to be in play)

Proportionality vs. Asymmetry:
SC justices mentioned 'proportionality' many times during their questioning, despite proportionality never being mentioned by the appellees, nor do their remedies rely on it.
Instead, gerrymandering remedies are about partisan asymmetry and not proportionality:
part 1
part 2
part 3

Why do supposedly educated judges have trouble distinguishing between the two?

3/25/2019 US-NC, MD P
SCOTUSBlog pre-coverage of 3/26/19 Supreme Court arguments in Rucho v. Common Cause (NC) and Lamone v. Benisek (MD):

Appellees' (League of Women Voters et al.) written brief in the NC gerrymandering case

Governors Roy Cooper (D-NC) and Larry Hogan (R-MD): Legislators shouldn't draw electoral maps

NC Representatives Ralph Hise (R) and David Lewis (R):

How we drew NC congressional districts for political advantage
aka, a lame defense extreme partisan gerrymandering

Gerrymandering lawsuits pending in 12 states and a list of current redistricting cases

3/2/2019 US-MD P Independent Maryland redistricting commission redraws boundaries for 'gerrymandered' districts ruled unconstitutional on 11/7/2018.
2/21/2019 US-NC P Two non-judicial remedies for NC redistricting:

A constitutional amendment  and
The constitutional amendment proposed by Tom Ross and Art Pope
and being pushed by North Carolinians for Redistricting Reform

or
An independent redistricting commission

1/4/2019





1/7/2019
US-NC, MD
P US Supreme Court to hear arguments on constitutionality of NC and MD congressional redistricting in March 2019.

What's different about this year's NC case compared to last year's Wisconsin case, and why it should have a greater chance of success.

But why it might not, and why these cases could actually make gerrymandering worse: 3 new dangers.





1/2/2019


12/14/2018



12/17/2018
NC P
Request by GOP legislators (see below) to change gerrymandering-jurisdiction denied.

NC GA leaders attempt to move NC state-legislative-districts partisan-gerrymandering suit (see line below) from NC courts to federal courts because of "Democratic court bias".

Democrats object to this NC Court removal attempt.  Federal judge gives NC GA leaders until 12/28/18 to respond.
Raleigh News & Observer summarizes.
11/14/2018 NC
P (Another) lawsuit filed to overturn partisan gerrymandering of NC House/Senate districts.
The lawsuit was filed by Common Cause and NC Democratic Party.

11/8/2018 US-

MI



CO






MO








UT
P How ballot initiatives involving redistricting fared in the 2018 general election:

Michigan's anti-gerrymandering proposal was approved.  (61% for; 39% against)
An independent (4D, 4R, 5NP) commission will draw district lines (instead of state legislature.)

Colorado passes redistricting measures for US House, Amendment Y and for the state legislature, Amendment Z.
(both, 71% for; 29% against).
An independent (4D, 4R, 4 NP) redistricting commission will now draw district lines (instead of the Colorado General Assembly) for both congressional districts (Amendment Y) and CO legislative districts (Amendment Z).

Missouri passed a new redistricting measure (62% for; 38% against).
Non-partisan demographer to draw district lines (instead of 2 commissions of D and R legislators). 

However, as of early 2020, the legislature (GOP-controlled) has balked at implementing the measure -- on the basis that voters did not understand what they were doing(!).  A filibuster against over-riding the 2018 redistricting was successful, so the 2018 voter-passed amendment still stands.

Utah's anti-gerrymandering proposal was narrowly approved. 
(final results:  50.3% for; 49.7% against)
Proposition 4 mandates redistricting be done by a 7-member independent commission, appointed by Governor and state legislators (instead of the Utah legislature).

11/8/2018 US-NC
P Republicans won 50.3% of the state-wide vote for Congress.  But they won 10 of the 13 seats.

11/7/2018 US-MD P 3-Judge Federal District Panel rules Maryland Congressional Districts unconstitutional. 
New maps must be drawn for 2020 election. 
Judges set 3/7/2019 deadline for redrawing districts.
11/15/2018 update: MD Attorney General appeals ruling to Supreme Court.
9/4/2018 US-NC
P Federal 3-judge panel agrees with plaintiffs: November elections to go ahead as scheduled.
So NC now goes on 6 years with illegally-drawn districts.
8/31/2018
US-NC P Winning gerrymandering plaintiffs (Common Cause; League of Women Voters) agree that it's too late to redraw NC districts in time for November 2018 election.
8/27/2018 US-NC R
Federal 3-judge panel denies Republican request to delay writing new state legislative maps until after November election.
North Carolina gerrymandering chaos explained.

8/27/2018 US-NC P US District Court 3-judge panel rules NC congressional districts unconstitutionally gerrymandered
(
Rucho v. Common Cause again). 

Possible remedies include (1) allowing the NC legislature another chance at redrawing new districts, with new primary elections for congressional candidates this November, and a general election to follow in January; (2) bringing in a special master to redraw congressional districts; (3) dispensing with primary elections and having only a general election with redrawn districts, (4) waiting until 2020 to design new congressional districts.
Court asked for input on remedies from all parties by 8/31/2018.

Appeal to the Supreme Court (now with only 8 members, due to the resignation of Anthony Kennedy) for a delay in remedies could result in a 4-4 split decision, thereby leaving the District Court completely in charge.

321-page District Court decision

Commentary by court watcher Rick Hasen

7/31/2018 US-MI P Michigan Supreme Court allows voter ballot initiative to take away redistricting from MI legislature
6/25/2018 US-NC P
US Supreme Court remands NC gerrymandering case (Rucho v. Common Cause) back to US District Court (Middle District for NC) to determine whether the original plaintiffs have standing (i.e., have suffered individual harm)...
this despite supplemental briefs filed by Common Cause (after the SC decisions in Gill and Benisek last week) purporting to show that the original plaintiffs did have standing.

6/25/2018 TX,
US-TX
R
US Supreme Court overturns lower-Court ruling that a TX redistricting plan discriminated against minority voters in 10 TX state and 2 US congressional districts (but agreed that 1 TX state district was drawn with discriminatory intent/results).

Supreme Court ruling in Abbott v. Perez.

SCOTUSblog commentary.
Slate commentary:  Is Neil Gorsuch claiming that racial gerrymandering is not unconstitutional?


6/18/2018





US-WI
US-MD





P
P
US Supreme Court sidesteps issue of gerrymandering on procedural grounds; sends two cases back to lower courts.  Realistically, this is a setback for those opposed to extreme partisan gerrymandering, as voters must now prove harm as the result of single district's gerrymander, rather than a state-wide gerrymander.

Gill v. Whitford decision (WI):                                           Supreme Court ruling;
SCOTUSblog analysis (both)
Benisek v. Lamone, Maryland Board of Elections
(MD):  Supreme Court ruling

more commentary & analysis: 
An unwillingness to decide, even when handed an objective standard (viz., the efficiency gap).  (Slate, 0/18/18)

Was the unanimous ruling a plot to get Kennedy to make up his mind?  (Slate, 06/18/2018)

Gill ruling muddies the waters: how do you prove 'harm'?  
(Vox, 6/18/2018)

It could have been worse.  Gill could have been denied, rather than remanded (as Thomas and Gorsuch wanted).  (NY Times, 6/18/2018)

It's up to voters to stop gerrymandering.  (The Nation, 6/18/2018)

5/9/2018 US-OH P Ohio voters make progress on remedying extreme partisan gerrymandering.  (USA Today, 5/9/2018)
4/24/2018 US-TX R Supreme Court hears Abbott v. Perez, Texas gerrymandering case(s).  (includes links to argument transcripts and commentary)
before hearing:  What's at stake.    and   What you need to know.
after hearing:   Supreme Court hears arguments.
 
4/14/2018 NC R 3-judge panel rules that some Wake legislative districts were likely re-drawn illegally, but election to go ahead anyway (ballots have been printed, etc.)

3/28/2018 US-MD
P
US Supreme Court heard oral arguments in Maryland partisan gerrymandering case (Benisek v. Lamone).

Post-argument analysis: ThinkProgress (5 votes are there to overturn... but how?),  NY Times (no consensus), New Yorker (pessimistic).

Pre-argument previews:  SCOTUSblog commentary includes MD maps.  Other previews are at ABA Journal (concentrating on the response by data scientists), Cornell Law (a more general discussion), Take Care (warnings on the danger of incumbent protection, Legal Information Institute (retaliation as injury?), and Subscript (with a graphic explainer).

5 Things to Know about the Maryland Partisan-Gerrymandering Case (Brennan Center for Justice, 3/22/18) describes the important questions that need to be resolved.
How Maryland Democrats pulled off their aggressive gerrymander.  (Washington Post, 3/28/18)

The case that could transform politics.  (Politico, 3/26/18) (includes a short history of SC rulings on partisan gerrymandering).  Ballotpedia has more on history.



2/19/2018


US-PA


P
Pennsylvania Supreme Court 4-3 vote adopts new US congressional maps, drawn by Stanford's Nathan Persily (Philadelphia Inquirer, 2/19/18)
PA Supreme Court decision.  (includes links to supporting materials and dissenting opinions)

Reviewing the mapmakers' choices.  (NY Times, 2/20/18) Showing before/after district lines superimposed on 2016 voting data for each of the 18 districts.
And an even nerdier analysis of the new maps vs. the old maps vs. other maps (538, 2/20/18)

How the new Pennsylvania maps erased perimeter and not area.  (Washington Post, 2/19/18)
Supreme Court refuses to step in and delay PA court decision (Washington Post 3/19/18)

2/06/2018 NC
R
US Supreme Court OKs some of Special Master Persily's NC legislative redistricting but not others (Wake, Mecklenburg counties).   No reason given for mixed ruling.

1/22/2018
-
2/05/2018


US-PA


P
Pennsylvania Supreme Court also declares its US congressional districts to be politically gerrymandered.  (1/22/2018)     [US Supreme Court refuses to intervene (2/5/2018).]
Orders new maps to be approved by February 15.   GOP legislature appeals (1/24/18).  
Is this a trend?     How big a deal?: commentary by NY Times'
Related:  Adventures in extreme gerrymandering looks at three ways of drawing Pennsylvania district maps.
1/19/2018 NC
R
(a different) 3-judge panel orders use of expert's redistricting maps in some NC state legislative districts in upcoming elections.  Republicans to appeal.





1/18/2018 US-NC
P
Supreme Court stops quick redraw of NC congressional districts  So, this year, we will vote in districts ruled unconstitutional?   and it's OK because?
1/11/2018 US-NC
P
NC GOP lawmakers seek delay from 1/24/18 congressional redistricting deadline.... a required prelude to appealing to the Supreme Court....  want same 'partisan-gerrymandered' maps used again this year.  Is it too late to delay the May primary?

Another 3-judge federal panel still had not ruled on constitutionality of NC legislative districts.


1/09/2018


US-NC


P
Federal 3- judge panel rules latest NC GOP-proposed US congressional voting district plan is unconstitutional partisan gerrymandering.
First time ever that Federal judges have blocked a map on the grounds of unconstitutional partisan gerrymandering.

Panel gives NC legislature until January 24 to come up with a new plan.
Judges threaten to hire a redistricting expert if any new plan is also unacceptable.

Legislature announces intention to appeal to Supreme Court to block order.

NY TImes story      Washington Post story

Duke math professor Jonathan Mattingly did the math that helped draw the line on GOP gerrymandering.

NC: where every district looks like a monster     (Washington Post, 01/10/2018)

1/05/2018 NC
R
Judges to hear NC election arguments (for/against Persily's NC House/Senate legislative redistricting plans)




11/19/2017 NC
R
GOP legislators object to Persily's 'race-based redistricting'
11/13/2017 NC
R
Special Master wants feedback on his new redistricting plan for some NC House/Senate legislative districts




11/2 - 5/2017

Duke conference/workshop: Geometry of Redistricting




11/1/2017 NC
R
Three-judge panel to NC GOP legislators: "The State is not entitled to multiple opportunities to remedy its unconstitutional districts."
Panel appoints Nathaniel Persily as Special Master (over GOP objections) for redistricting of NC legislature districts.

Read more here: http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article182191291.html#storylink=cpy




10/3/2017 US-WI
P
Supreme Court hears arguments in Wisconsin gerrymandering case, Gill v. Whitford
Cautious optimism for challengers?   Washington Post agrees.
9/1/2017 NC
R
New NC House & Senate legislative redistricting maps due in court.
8/28/2017

NC Supreme Court hears 2 election-related cases. 
1) Constitution of State Election Board
2) The status of the redistricting effort that is undergoing review by the 3-judge panel.

August 19-23, 2017

NC
R
New NC House district maps
New NC Senate district maps
Political data on new maps released.  Find out which way your district leans
Public commentary on new maps.                 Send your comments on redistricting to the General Assembly.
Southern Coalition for Social Justice creates their own maps to challenge legislature's.
7/31/2017
NC
R
3-judge panel (same as below) ruling (1) requires new state-legislature district maps be drawn by 9/1/2017 (or by 9/15/2017 if sufficient progress is made by 8//21/2017) and (2) disallows special elections in 2017 or 2018 (because of likely confusion/complication with already planned 2018 elections).

NC legislative committee hearing on Friday, August 4, 2017.




7/27/2017
NC
R
3-judge panel (District/CCoA judges) hold new hearings to decide (1) how soon the state legislative redistricting must be done, (2) when it should be effective, and (3) who should do it.
Judges question why the NC Legislature has not produced new maps in the 3.5 intervening months.  Lawyers for Legislature reply that they are trying to set up a procedure for public input.
Judges take matter under advisement without offering a timeline for a decision.




7/26/2017
NC
R
A meeting led by NC Reps. David Lewis (R-Harnett Co.) and Ralph Hise (R-Mitchell Co., NCSSM x/o '94) on NC  legislative redistricting.
Results: (1) David Hofeller (one of the The League of Dangerous Mapmakers and designer of the now overturned 2011 NC district maps) to return to help GOP with redistricting.  (2) Lewis says "It will be the prerogative of the committee to determine what the criteria are on the drawing of these maps."


Read more here: http://www.newsobserver.com/news/politics-government/state-politics/article163823333.html#storylink=cpy




6/8/2017
NC
R
NC legislature rejects Gov. Cooper's call for special NC legislative session on NC legislative redistricting.
6/7/2017
NC
R
NC Governor Roy Cooper calls for special NC legislative session to deal with NC legislative redistricting.




6/5/2017
NC
R
Supreme Court upholds 4th CCoA ruling (of 11/29/16) unanimously that 28 NC legislative districts were illegally racially gerrymandered (by diluting the overall impact of black voters).  However, they did not agree with CCoA that new maps be drawn and employed in special elections during 2017.  It sends issue back to the lower court for review these 2 issues.




5/22/2017
US-NC
R
Supreme Court affirms (in a 5-3 ruling) that NC's US congressional districts were illegally drawn in 2011 (by relying too heavily on race) -- essentially upholding the ruling of the 3-judge panel on 2/5/2016.




1/10/2017
NC
R
Supreme Court puts NC 2017 legislative elections on hold while it reviews NC legislature's appeal to overturn the 11/29/16 CCofA decision




11/29/2016
NC
R
US 4th Circuit Court of Appeals (CCoA) 3-judge panel rules that (due to 28 illegally gerrymandered NC legislative districts) (1) new district maps must be drawn by March 15 and (2) special elections need to be held in  2017 to elect new legislators.   NC legislature appeals.
Aug - Sept, 2016
US-NC
P
Both Common Cause (August) and League of Women Voters (September) file suits challenging NC congressional districts as partisan gerrymandering.  Suits are combined later in what will be called Common Cause v. Rucho.
8/11/2016
NC
R
US District 3-judge panel rules that 28 of 170 NC legislative districts have been racially gerrymandered.  The court allows November 2016 legislative elections to proceed because of the short time between the ruling and date of the 2016 elections.




2/5/2016
US-NC
R
3-judge panel rules that two NC congressional districts (1st and 12th) have been racially gerrymandered.  They order new maps to be drawn within 3 weeks.
NC legislature appeals.
12/18/2015
US-NC
& state
R
NC Supreme Court decides (4-3) that race was used properly in drawing legislative & congressional districts after 2010 census
4/20/2015 US-NC R US Supreme Court tells NC Supreme Court to re-examine case for racial gerrymandering
7/8/2013

12/?/13
US-NC
R
3-judge panel upholds 2011 redistricting as constitutional (and not racially gerrymandered)

NC Supreme Court agrees
6/25/2013
US, state
R
Supreme Court invalidates some provisions of the 1964 Voting Rights Act.  NC and other southern states no longer have to submit voting-procedure changes and redistricting maps for approval to Justice Department








11/2/2011
NC R NC re-districting approved by Justice Department's Civil Rights Division.
But suit expected to charge racial gerrymandering by packing black voters into a small number of congressional districts



gerrymandering articles & resources

blogs, academic papers, articles, & commentary
       
blogs & conferences:

Redistricting 2020: a 3-day conference at Duke, March 2 - March 4, 2020

Rick Hasen's Election Law blog has updates on gerrymandering, voted-ID, election security, and all things involving election law.

Jonathan Mattingly's Quantifying Gerrymandering blog emphasizes North Carolina gerrymandering issues

National Council of State Legislatures is sponsoring 5 intensive conferences on redistricting


Gerrymandering Resources  (Metric Geometry and Gerrymandering Group at Tufts University)
        or is it here?

The Geometry of Redistricting Tufts' workshop

The Geometry of Redistricting in Wisconsin

The Duke Workshop, The Geometry of Redistricting  November 2017



academic papers:

Recombination: a family of Markov chains for redistricting, Daryl DeFord, Moon Duchin, Justin Solomon, Nov. 14, 2019

The Impact of Gerrymandering on Political Parties, Nicholas Stephanopolous and Christopher Warshaw, Legislative Studies Quarterly, (35 pages) 2020



Non-political Solutions to Partisan Gerrymandering, Derek T. Muller, Howard Law Journal, forthcoming
arguing that this is an issue best settled politically, not in the courts

Math for the People: Reigning in Gerrymandering While Protecting Minority Rights,  Gowri Ramachandran, draft, North Carolina Law Review, forthcoming

Hyperpartisan Gerrymandering, Michael S. Kang, Boston Law Review, May 29, 2019 (52 pages)

Rigorous Identification of Partisan Gerrymandering is Possible, Wendy K. Tam Cho, May 24, 2019, Southern California Law Review.... but is the Supreme Court listening?

Laboratories of Democracy Reform: State Constitutions and Partisan Gerrymandering,
Samuel Wang,  Richard Ober, Ben Williams, March 7, 2019 (57 pages)
State-Supreme-Court-ordered redistricting as a alternative solution to gerrymandering relief.

The Right to Vote under State Constitutions, Joshua A. Douglas, Vanderbilt Law Review, April 1, 2014 (61 pages)


Gerrymandering and Justiciability: The Political Question Doctrine After Gill v. Whitford, G. Michael Parsons
March 6, 2019


The Impact of Partisan Gerrymandering on Political Parties, Christopher Warshaw and Nicholas Stephanopoulos,  February 21, 2019 (30 pages)
     "
gerrymandering impedes numerous party functions. Candidates are less likely to contest districts when their
      party is victimized by gerrymandering. Candidates that do choose to run are more likely to have weak resumes.
      Donors are less willing to contribute money. And ordinary voters are less apt to support the targeted party.
      These results indicate that gerrymandering has long-term effects on the health of the democratic process
      beyond simply costing or gaining parties seats in the legislature."


Theoretical Foundations and Empirical Evaluations of Partisan Fairness in District-Based Democracies,
Jonathan N. Katz, Gary King, and Elizabeth Rosenblatt, December 2, 2018 (45 pages)

North Carolina's Sick Democracy: Racial Gerrymanders, Political Gerrymanders, and Voting Rules as Tools for Partisan Entrenchment, Michael Kent Curtis, November 26, 2018 (63 pages)

Extreme Gerrymandering and the 2018 Midterms, Laura Royden, Michael Li, Yurij Rudensky, Brennan Center for Justice, April 24, 2018 (57 pages)

Quantifying Gerrymandering in North Carolina, Gregory Herschlag, Hans Sung Kang, Justin Luo, Christy Vaughn Graves, Robert Ravier, Jonathan C. Mattingly, January 8, 2018 (25 pages); updated version of
Redistricting: Drawing the Line (May 2017)
 
Antidotes to partisan gerrymandering:  The winners of Common Cause's 2018 contest to seek "
academic papers that defend, critique, or expand on existing legal theories for partisan gerrymandering cases or that propose new legal theories."   The winners:
       
    1) An Antidote for Goobledygook: Organizing a Judge's Partisan Gerrymandering Toolkit into Tests of
                Opportunities and Outcomes

    2) Making a Case for Two Paths Forward in Light of Gill v. Whitford

    3) Redistricting our Representation: Democratic Harms in Splitting Zip Codes

Gerrymandering metrics: How to Measure?  What's the baseline?, Moon Duchin, January 6, 2018 (6 pages)

Evaluating Partisan Gerrymandering in Wisconsin,
Gregory Herschlag, Robert Ravier, Jonathan C. Mattingly, September 5, 2017, (10 pages)

A Formula Goes to Court: Partisan Gerrymandering and the Efficiency Gap, Mira Bernstein and Moon Duchin, May 30, 2017 (6 pages)


Extreme Maps  by Jennifer Royden and Michael Li (Brennan Center for Justice), 2017 (40 pages, lots of diagrams and examples)

Three Tests for Practical Evaluation of Partisan Gerrymandering,
Stanford Law Review, by Samuel S-H. Wang, June 2016 (59 pages)
    related: which states have failed gerrymandering tests either for Congress or State Legislature.
    from the Princeton Gerrymandering Project



Unfair Partisan Gerrymandering in Politics and Law: A Diagnostic Applied to Six Cases, Michael D. McDonald and Robin E. Best, November 4, 2015 (20 pages)

Partisan Gerrymandering and the Efficiency Gap, Nicholas Stephanopoulos and Eric McGhee,
August 19, 2015 (79 pages)


A Two-Hundred-Year Statistical History of the Gerrymander, Stephen Ansolabhere and Maxwell Palmer (Brennan Center for Justice), May 16, 2015

Gerrymandering or geography?  How Democrats won the popular vote but lost the Congress in 2012, Nicholas Goedert, April 1, 2014 (8 pages)

The Future of Partisan Symmetry as a Judicial Test for Partisan Gerrymandering, Bernard Grofman and Gary King,
Election Law Journal, June 2007 (35 pages)

A Unified Method of Evaluating Electoral Systems and Redistricting Plans, Andrew Gelman and Gary King,
American Journal of Political Science, 1994, 38, pp. 514 - 554

Democratic Representation and Partisan Bias in Congressional Elections, Gary King and Robert X. Browning,
December 1987 (23 pages)

The relationship between seats and votes in the two-party system, Edward R. Tufte, June, 1973 (15 pages)


articles & commentary:  


Symposium on partisan gerrymandering after Rucho  July 2019; links to 18 different posts

Voter-determined districts  including policy-recommendations for how to get there (and a short history of gerrymandering)  Center for American Progress, May 9, 2019


Are states equipped to handle gerrymandering on their own? (spoiler alert: mostly not.) The Economist, May 2, 2019

Supreme Court on gerrymandering: Toasting marshmallows while democracy burns, SCOTUS OA, April 1, 2019

State-Supreme-Court-ordered redistricting as a solution to partisan gerrymandering, Slate, March 29. 2019
        but only 24 states allow voter referenda or initiatives that circumvent the legislature; NC is not one of them

Why the 'efficiency gap' of correcting gerrymandering is dangerous, The Atlantic, January 26, 2019

Geometry v. Gerrymandering, Scientific American, November 2018, but under a paywall,
        written by one of the leaders in the field

How Gerrymandering Reform Can Win in the States, American Prospect, October 2018
        summarizing the 4 routes to reform: via Governor, Legislative, Initiative, and Law Suits.


The Mathematics of Voting and Elections: A Hands-On Approach, 2nd edition, Jonathan Hodge and Richard Klima, published 10/1/18 contains a new 20-page chapter entitled 'Choosing your voters' which covers gerrymandering, efficiency gaps, geometry and compactness, etc.  Most of the book is devoted to election systems (e.g., preferential voting, proportional representation, electoral college, etc.).

Voting: Purging, Packing, Cracking, Standing  A review of 2018 Supreme Court decisions regarding voting rights.
(Slate 45-minute podcast, June 23, 2018) (Dahlia Lithwick with one of the lawyers who argued against partisan gerrymandering)

How California took redistricting away from politicians and gave it to its citizens.  Washington Post, 6/18/2018) Bonus: how each state does redistricting.

7 ways the Supreme Court could rule on gerrymandering  (538, 6/7/2018) 
[my 6/18/18 addendum: apparently it's #3 -- or was it #6?]

Extreme Gerrymandering and the 2018 Midterm  (Brennan Center for Justice, 3/23/18)
57-page booklet explaining why Democrats need an unprecedentedly large majority to win control of Congress this year.  It's the result of extreme partisan gerrymandering following the 2010 tea-party wave.

The Gerrymandering Project  (538)  A continuing series of articles.
            the latest:  An Atlas of Redistricting   (538, 1/25/2018) 
            A state-by-state analysis, showing current districts and 8 other redistricting maps
            according to different algorithms.  An impressive accomplishment.
            Also, The methodology for 8 ways to draw districts
                                        
Why fixing partisan gerrymandering is hard   (538, 1/25/2018)   
But ending gerrymandering won't fix what ails America    (538, 1/26/2018)
It's probably not possible to end partisan gerrymandering     (538, 1/11/2018) 

A flurry of court decisions on congressional district maps: WI, NC, PA, MD  (NY Times, 2/13/18) 
A summary of what's happening where and what's next.

How Republicans gerrymandered Austin, TX   (Vox, 3/5/2018)  One city, split into 6 congressional districts.

How to spot an unconstitutionally gerrymandering  (Vox, 1/17/18) 
One of the best and most comprehensive (yet accessible) on both how to recognize partisan gerrymandering    (based on statistical/mathematical methods) and how it might be remedied.

Math or 'sociological gobbeldygook?   (NY Times, 1/15/2018) 
A short article on different views of gerrymandering:  Court-of-Appeals Judge Wynn vs. Supreme-Court Chief Justice

Is partisan gerrymandering legal?  Why the courts are divided.  (New York Times, 1/12/2018)
A short article on the differences in the North Carolina and Pennsylvania gerrymandering cases.

How gerrymandering works   (New York Review of Books, 12/18/2017)  a short article with a few specific examples.

How to conquer partisan gerrymandering (using a partisan symmetry standard)
(Boston Globe, 12/26/17)

Should partisan gerrymandering be illegal?   (538, 12/6/17, with links to several gerrymandering podcasts)

How redistricting became a technological arms race (The Atlantic, 10/29/17)

The Math behind Gerrymandering and Wasted Votes (Quanta, 10/12/17)
with examples and 'homework'

The real fix for gerrymandering is proportional voting  (Vox, 10/11/17)

How the Supreme Court could eliminate gerrymandering, explained with a simple diagram 
(Vox, 10/09/17)
(well, actually 8 diagrams)
      
How the New Math of Gerrymandering works  (New York Times, 10/03/17)

The research that convinced SCOTUS to take the Wisconsin gerrymandering case (Vox, 7/11/17)
a medium-length article by one of the co-authors of the article promoting the Efficiency Gap solution

The convenient scapegoat of gerrymandering   (Vox, 3/29/17)  
Why the bigger culprit is political polarization, and
"focusing on redistricting reform is likely to be a large waste of time and effort."

The best explanation of gerrymandering you will ever see? (Washington Post, 3/1/15) 
Well, the shortest best explanation, maybe.

   
other gerrymandering resources   
 
interactive exercises from the workshops


Sandbox

An exercise of determining Fairness in district-drawing.  Instructions are here (using Google docs)

Another interesting exercise.

An exercise in understanding Outlier

spreadsheet of 1992 (3rd party Perot) and 2000 (3rd party Nader)  election results at the state level.
You can manipulate the 3rd party vote in a saved copy of the spreadsheet to see what happens under various (non-actual)

Mira Bernstein's guide to using QGIS in the context of 'district compactness'

The Public Mapping Project allows the public to generate maps/districts for their local and state communities and is encouraging schools and communities to have 'redistricting co



voter-ID laws and other voter-rights issues


date

state


Court
or other official body

issue
(active, unresolved cases are in green in 2nd/3rd columns)

10/28/2020 NC U.S. Supreme Court
U.S.Supreme Court speaks: NC mail-in ballots posted by Election Day (Nov 3, 5 pm) will count if received by Nov 12.

Leaves missing-witness-signature as ruled on 10/14/20; see below.


10/14/2020


NC


U.S. District Court
Judge Osteen rules that NC mail-in ballots must have witness signatures overruling NC BoE settlement of last month.

Judge claims ruling is "to help voters".

Ruling does not block 2 other parts of the agreement: (1) Ballots received through Nov. 9, can be counted if postmarked by 5 pm, Nov 3, Election Day, and (2) Ballots left at drop-off boxes at Early Voting sites or County Election Offices can be counted.

10/12/2020 FL
The biggest voter disenfranchisement in history?: 
Florida rules felons must pay to vote.
How many of the 1.4 million will be able to?

10/10/2020


TX, PA, OH
Federal
Federal judges overrule ballot-drop-box limitations imposed by GOP state officials in Texas (10/10) and in Pennsylvania (10/10), and in Ohio (10/8).

But higher court in Ohio reinstates limits on drop-boxes until another hearing. (10/9)

Appeals have been filed.  There is now a stay in the TX ruling.
10/8/2020 NC U.S. District Court U.S. District judge delays ruling on NC BoE settlement on mail-in ballots.

coming the 3rd week in October.
10/3/2020 NC U.S. District Court And still another U-turn: Federal judge blocks go-ahead of settlement the previous day.  (See below.)  Case to be reheard in front of another District Court Judge (Osteen).

Incomplete ballots return to limbo.
10/2/2020 NC Wake Superior Court Another U-turn: a Wake Co. Superior Court Judge approves all facets of the previous NC BoE settlement of 9/23/20.

An appeal by the GOP was immediately promised, but has gone to a different court: a U.S. District Court.
But BoE argues that state cases should only go to NC courts.
Who gets the last word?
10/1/2020 NC NC State Board of Elections
&
U.S. District Court
NC State Board of Elections suspends settlement agreement until a definitive court ruling.  This, after Judge Osteen sharply criticizes the BoE Settlement done at his own behest.
Ballots with missing signatures and other vital info remain uncounted and in limbo.   Chaos and confusion abound.
9/26/2020 NC NC State Board of Elections Trump campaign and NC GOP sue to block court-ordered settlement reached unanimously by NC State Board of Elections.

Why didn't NC BoE ask Court for approval?  See box below.
9/23/2020 NC NC State Board of Elections
NC Board of Elections reaches tentative consent settlement over several issues related to absentee ballots, thereby satisfying a court-ordered settlement on these issues.

Settlement must be approved by the Wake County Superior Court that made the aforementioned ruling.  There will be a court hearing on the settlement next week.

2 GOP Board members resign after signing the unanimous agreement (but only after NC GOP leaders lambaste the agreement).

This article mentions the 3 major changes in the tentative consent settlement:  a fix for voter-signature mistakes; delaying the deadline for receipt of mail-on ballots until 9 days after Election Day (they still must be postmarked by Election Day); allowance of election-official-monitored drop-off boxes for absentee ballots, thereby obviating the need for prolonged verbal or written contact with election officials for  absentee-ballot dropoff.  In the latter case, voters must orally confirm their identity to drop off a ballot.

The tentative agreement would also enjoin the plaintiffs from continuing to lobby for other contentious [but unagreed-upon demands of the plaintiffs, e.g., (1) the elimination of the required witness signature for voters in single-adult households, (2) requiring Election Boards to pay for mail-in ballot postage, and (3) allowing individuals or organization to assist voters in filling out absentee ballots] so as "
to avoid any continued uncertainty and distraction from the uniform administration of the 2020 elections, protect the limited resources of the Consent Parties, ensure that North Carolina voters can safely and constitutionally exercise the franchise in the 2020 elections, and ensure that election officials have sufficient time to implement any changes for the 2020 elections and educate voters about these changes."

Dan Forest (NC-R Lt. Governor) asks for AG William Barr to look into the settlement agreement.


9/15/2020

NC

 NC Court of Appeals
NC Court of Appeals overrules 1/19/2019 decision and says that the legislature, whether illegally gerrymandered or not, has the power to put constitutional amendments (including the one passed on voter-id).

Appeals Court full decision.

NAACP says they will appeal.

Previous ruling had invalidated voter-id law because it was put to voters by an illegally-gerrymandered-- and thus illegally constituted legislature.

Voter-id is still being adjudicated elsewhere on other grounds.  See immediately below.


9/11/2020

NC

U.S. Court of Appeals,
4th Circuit
NC voter-id (finally) goes on trial.  Oral arguments begin.
Judgment will not affect November 2020 election (no id required, in general)

NC Gov Cooper asks court to strike down law.

It's curious that no coverage of this is being provided by Raleigh N&O or Charlotte Observer.

9/11/2020

FL

U.S. Court of Appeals,
11th Circuit
FL felons will not be able to vote unless all fines, court costs, etc. paid.

Divided Appeals Court opinions.

U.S. Supreme Court unlikely to take up appeal before Nov 2020 election.
9/4/2020 NC Superior Court
Some NC ex-felons have voting rights restored for November:
outstanding fees should not be a barrier to voting


Appeal uncertain.

8/4/2020



NC

U.S. District
Court
NC voters must be given a chance to correct ballot mistakes before they're thrown out (just as in-person voters would), District Court Judge rules

but 'no' to contact-less drop-off boxes for absentee ballots; removal of witness requirement, etc.  due to unusual pandemic circumstances
5/24/2020






4/6/2020




2/19/2020
FL
U.S. District Court







U.S. District Court



US Court of Appeals
U.S. District Court Judge strikes down major parts of new FL felon voting law: preventing felons in Florida from voting because they can’t afford to pay back court fees, fines and restitution to victims is ruled unconstitutional (violating 24th Amendment).
Florida governor to appeal to US. (11th) Court of Appeals.  That Court has previously upheld an injunction striking down this law.
  The c
Read more here: https://www.miamiherald.com/news/politics-government/state-politics/article242972791.html#storylink=cpy

Federal judge applies previous ruling (see 2/19/2020) to all felons in Florida:  Florida cannot ban felons from voting even if fess and fines remain unpaid.


Court: Florida can't bar felons voting despite fines & fees
does ruling only apply to 17 plaintiffs?

but other unresolved suits exist in other courts
5/22/2020






5/22/2020



3/26/2020
NC Legislature





U.S. District Court


NC BoE to
Bill filed to change election laws/procedures as a result of pandemic.

WRAL commentary


Democracy NC and League of Women Voters file suit for election changes making voting safer for disabled and elderly voters.


NC Board of Elections requests changes in NC election law/procedures in wake of pandemic

5/15/2020 NC Wake Superior
Court
Plaintiffs in Voter-ID suit seek NC legislative emails.
4/12/2020



4/8/2020
VA



NC
Governor & Legislature


NC BoE &
Legislature
VA Governor signs measure making Election Day a holiday; expands no-excuse Early Voting to 45 days before; removes photo ID requirement.

NC Board of Elections presents NC Legislature with list of 15 proposed changes in voting policies for Nov 2020 -- including making Election Day a holiday; easing limitations on absentee ballots; increasing number and pay of Election Day workers.

The 15 proposals sent to the NC legislature.

4/6/2020 WI U.S. Supreme Court

WI Supreme Court
U.S. Supreme Court rules that danger of CoVid-19 infection/death insufficient to delay election.

Wisconsin Supreme Court rules that Governor's powers of emergency management does not include postponing a primary election.  (Because we're not in an emergency?)

Wisconsin in-person primary to go on as scheduled.
3/12/2020


2/28/2020



WI
WI Supreme Court

US Court of Appeals
Conservatives appeal voter purge to State Supreme Court

3-judge panel of 4th District Court overrules purge of 209.000 Wisconsin voters

2/18/2020


NC NC Court of Appeals

Another court rules NC voter-ID unconstitutional:

3-judge NC Court of Appeals unanimously rules that the NC voter-ID amendment "target(s) African-Americans with almost surgical precision" and issues preliminary injunction that prevents voter-ID being used while lawsuit is still in courts.

1/2/2020


12/31/2019






12/4/2019
NC U.S. District Court
NC Attorney General to appeal Voter-ID ruling for November election;
will allow block to stand for March primary

U.S. District Court Judge temporarily blocks NC's voter-ID law from going into effect for March 2020 primary

Voter-ID law written with 'discriminatory intent'

60-page written opinion

Civil rights groups seek to block new voter ID law
Judge promises 'quick decision'.
12/30/2019 NC
NC voting eligibility lawsuit filed on behalf of felons who have complete prison sentence but not complete terms of probation
11/27/2019 NC NC State Election Board NC State Election Board approves all UNC-system schools for 2020 Voter ID (except NCSSM students?)
All the NC state IDs approved by the NC legislature
3/16/2019 NC NC Superior Court
3-judge panel refuses to grant injunction stopping Voter ID law.
The judges dismissed all but one of the plaintiffs' claims, but the story claims the law is going into effect?  So what about the last claim?
3/16/2019 NC NC State Election Board
NC Election Board approves use of some college IDs as voter IDs (17, including those of NCSU, NCCU, Duke students) but denies most others (13, including UNC-CH and most of the other UNC campuses)... for elections starting in 2020.
The full official list of approvals and denials.
3/14/2019 NC NC GA & Governor
NC voter-ID requirement postponed until 2020 elections
3/06/2019 NC NC Court of Appeals
NC Court of Appeals issues temporary stay in ruling overturning NC voter-ID amendment pending a ruling on the petition for writ of supersedeas.
(See block below.)

2/22/2019 NC NC Superior Court
Judge overturns just-passed NC voter-ID constitutional amendment.
Decision based on grounds it was approved by an illegally-gerrymandered legislature!   Novel, but likely to be overturned.

Other opinions abound:  
Not so crazy (Robert Orr, former NC SC Judge)
Locally-elected judges shouldn't rule on state laws
Does a voter-ID now exist in NC?
12/6/2018
12/14/2018
12/19/2018
12/20/2018
NC
NC legislature passes voter-ID law details.
NC Governor Cooper vetoes voter-ID bill.
NC legislature over-rides Cooper's veto.
Groups sue over constitutionality of voter-ID law in state & federal court.
11/8/2018 NC


AR

FL

November 2018 elections

North Carolina approves new voter-ID law  (56% for; 44% against)
Veto-proof NC legislators to return to write voter-ID-law details

Arkansas approves new voter-ID amendment (79% for; 21% against)

Florida restores voting rights to 1 million+ citizens convicted of felonies
(65% for; 25% against)
8/16/2018

Voter fraud:  Stolen elections, voting dogs, and other fantastic fables from the GOP voting fraud mythology
various,
June - August, 2018

NC

Voter ID constitutional amendment to be voted on in 11/6/2018 election.
Current wording of the legislation.

opinion:

Voter-ID amendment is vague and leaves unanswered questions

NC Voter-ID is still about suppression and not fraud

Voter-ID: justifications are as lame as ever

Fact Check: Republican leader says Voter-ID has 'zero' effect on turnout: rated 'Mostly False'

2012



How Supreme Court nominee Brett Kavanaugh ruled on South Carolina's Voted-ID law
6-11-2018
OH
Supreme
Purges of voter lists for non-reply or non-voting are constitutional, SC rules in 5-4 vote: Husted v. A. Phillip Randolph Institute

The Supreme Court Blesses Voter Purges (Atlantic, 6/12/2018)
6-7-2018
NC

Voter-ID resurrection in NC - will it be on the ballot in November ? 
(Raleigh News & Observer, 6/7/2018)

mid-2018


current status of Voter-ID laws across the country

Voter-ID laws in the United States     at Wikipedia
Voter-ID laws by state     at Ballotpedia
Voter-ID requirements and laws     at National Conference of State Legislators

6/19/2018
KS
U.S. District Court
Court throws out Kansas voter-ID law  (& orders state prosecutor to undergo legal training)
4/28/2018
TX
5th US Circuit Court of Appeals Texas voter-ID allowed to go into effect
4/26/2018
AR
County Circuit
Arkansas judge black revived voter-ID law
05-15-2017
NC
Supreme
Supreme Court lets NC Superior Court decision overturning NC Voter-ID bill stand, without comment.

08-31-2016
NC
Supreme
Supreme Court, in 4-4 vote, refuses to block Appeals Court overturn of Voter-ID law
07-29-2016
NC
4th Circuit, Appeals
NC Voter-ID bill ruled unconstitutional: bill "target[ed] African-Americans with almost surgical precision."
NAACP v. McCrory
Proposed law also shortened Early Voting hours, forbade same-day registration,
04-25-2016

District
District judge upholds NC Voter-ID law  (Raleigh News & Observer, 4/26/2016)












NC passes worst voter suppression law.  (The Nation, 7/26/2013)
“The most sweeping anti-voter law in at least decades”  (Election Law Blog, 07/25/2013)










articles on Voter-ID and other voter-rights issues

Conservatives have been suppressing the vote for 150 years, NY Times, April 11, 2020 (with a large section on Wilmington, NC)

Trump and RNC spending $10 million to fight Democrats' voting rights lawsuits, Washington Post, March 5, 2020

How some states make it harder for college students to vote, NY Times, March 1, 2020

The states where it's hardest to vote  The Guardian, December 5, 2019
Why are almost all the states where it's difficult to vote also GOP-dominated?

A double standard in our electoral system: No penalties for public officials who suppress voting, but punishment for innocent mistakes by voters.  The Hill, 5/2/2019

Florida voters approved an amendment to let ex-felons vote, but GOP-dominated FL legislature has figured out a way to largely prevent that from happening.  Washington Post, 5/3/2019



Election-ID laws do not affect voter turnout (or voter fraud) claims a study from the National Bureau of Economic Research.
     Free e-copy downloadable with a university email.
     But caveats: The 'no-effect-on-voter-turnout' is only true when also including get-out-the-vote mobilization in response to these laws, so the claim is tainted.  Commentary by Vox.


Citizens without Proof  (Brennan Center for Justice, 2006).  Three-page summary of a study which demonstrates why minorities and poor Americans are disadvantaged by Voter-ID laws.

Black and Latino Youth Disproportionately Affected by Voter-ID laws in 2012 Election  (Black Youth Project)



longer, academic papers

Waiting to Vote, Racial Disparities in Election Day Experiences, Hannah Klein et al.. Brennan Center for Justice, June 2, 2020, 35 pages

3 Pathologies of American Voting Rights  illuminated by the Covid-19 pandemic, SSRN, Rick Hasan, (48 pages), May 2020
    Fragmentation of election authority; polarized and judicialized decision making in voting-rights cases 
weak Constitutional protection for voting rights.

Challenges remain to voting in the U.S. -- and particularly in Georgia  Scholars Strategy Network (28 pages), December 2019
voter id laws; removal of eligible voters from registration lists;  hours spent waiting in lines; outdated voting systems, ... 
less affluent voters and those of color face disproportionate economic costs


Finding Common Ground on Voter-ID Laws, draft by Eugene D. Mazo, University of Memphis Law Review (40 pages), 5/21/2019



articles on miscellaneous aspects of voting

vote by mail

popular press articles

Why we need postal democracy, NY Review of Books, May 2020

Trump's false argument about vote-by-mail fraud NY Times, April 10, 2020
Trump's bogus claims of vote-by-mail gets 4 Pinocchios, Washington Post, April 9, 2020
Trump is wrong about the dangers of absentee ballots
, NY Times, April 9, 2020


academic papers

The Conservative Case for Expanded Access to Absentee Ballots, Kevin Kosar et al., R Street, June 2020

The Neutral Partisan Effect of Vote-by-Mail: Evidence from County-Level Rollouts: vote-by-mail does not affect or increase either party's share or turnout of the vote; it modestly increases voter turnout, (Daniel M. Thompson, et al.  April 15 2020, 32 pages)

books

What you Need to Know About Voting -- and Why, Kim Wehle, June 16, 2020

Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy, Richard Hasen, February 4, 2020

Ratf**ked: Why Your Vote Doesn't Count, David Daley, July 4, 2017

The Voting Wars: from the 2000 Election to the Next Election Meltdown, Richard Hasen, August 13, 2013

voter fraud: reality and myths

How claims of voter fraud were supercharged by bad science, Spenser Mestal, MIT Technology Review, 11/01/2020.

How the Case for Voter Fraud Was Tested -- and Utterly Failed (Pro Publica, 6/19/2018)

10 Voter Fraud Myths Debunked  (Brennan Center for Justice, May 27, 2020)

Debunking the voter fraud myth  (Brennan Center for Justice, January 2017)  a compendium of links

Voter fraud?  What voter fraud?  Studies contradict Voter-ID rationale (Wisconsin Watch, September 2018)



miscellaneous

Rick Hasen's Election Law blog has updates on gerrymandering, voted-ID, election security, and all things involving election law.

The Maine Ranked-Choice Voting System  (Taylor and Francis, 7/25/2018)
paywall
 
Increasing Voter Participation in America (Center for American Progress, 7/11/2018)

How Justice Kennedy's Successor Will Wreak Havoc on US Voting Rights and American Democracy (Slate, 7/2/2018)

Suppression of Minority Voting RIghts Is Likely to Get Worse (
Slate, 6/25/2018)

The Supreme Court's Long War Against Voting Rights  (Washington Post, 6/15/2018)

Fair Vote:  redistricting, gerrymandering, and ranked-choice

Common Cause: fair voting and fair representation

National Council of State Legislatures:  redistricting, including a 1-hour webinar
   
All About Redistricting
, Loyola (LA) Law

League of Women Voters: voting rights and fighting voter suppression



election security


date


state or federal
venue
(legislature, court, ....)
issue
12/31/19 Durham County, NC Nov. 2016 election
DHS finds no evidence of hacking (Russian or otherwise) in November 2106 election in Durham County

despite recent articles surmising otherwise
12/3/19
NC
NC voting systems
Voting machine maker ES&S tries NC bait-and-switch
ES&S says it has only 15% of the machines approved (last summer) by NC BoE. 
They now want to sell NC newer (but unapproved) machines.

7/26/19 NC NC voting systems
NC Election Board votes against new election security voting systems
cites 'time crunch' (but one of their own making)




7/26/19
50 states
U.S. Senate
Senate Report:  Russia targeted elections in all 50 states in 2016
Redacted U. S. Senate report (Volume 1 of 5)




7/24/19
federal
U.S. House & Senate
GOP blocks 2 election security measures (hours after Mueller's testimony)




7/17/19
states
National Association of Secretaries
of State Conference
Secretaries of State plead for more election security money




7/18/19
states

States don't have enough money to secure the 2020 election based on new Brennan Center Report




7/18/19
states
Congress
Multiple bills seek to secure elections: will any of them pass?




7/13/19
states

New election systems use vulnerable software





7/11/19

campaigns

F.E.C.
F.E.C. allows security firm to defend candidates' campaigns from email attacks




7/10/19
states
Congress
DNI Dan Coats and FBI Director Christopher Wray warn of 'active threats' to U.S. elections




6/27/19
states
U.S. House
House passes election security package    no chance in Senate?
(links to actual bills within the story)





articles on election security

Internet voting

A security analysis on the (Democracy Live) OmniBallot system, Michael Specter and J. Alex Halderman, Internet Policy MIT, 06/07/2020, 32 pages

5 reasons why voting should not be done over the Internet, Politico, June 8, 2020

Voting on your phone.  Smartphone election app ignites security concern, NY Times, February 13, 2020



other

Social networks haven't done enough to prevent voter manipulation and foreign interference, Washington Post, March 10, 2020

GAO chides government cybersecurity agency (CISA) over election security issues, Washington Post, March 9, 2020

Media missing its chance to ward off election-day debacle,
Washington Post, March 8, 2020

Election-related websites running on software older than many high-schoolers, Pro Publica, March 2, 2020


Voters (post-Iowa-caucuses) trust paper over high-tech voting options, Morning Consult, February 12, 2020

The 15th Amendment flaw: why voter discrimination haunts America, NY Times, February 7, 2020


solutions

Using cryptography to secure elections in a low-tech way, Ronald Rivest (the R in RSA), Quanta, March 12, 2020

Enough finger-pointing on Russian interference.  How to prepare for 2020 elections, Washington Post, March 2, 2020


other academic papers
(perhaps behind a paywall)

Symposium on Elections in the Era of Technological Threats and Opportunities (Ohio St Technological Law Journal, Summer 2020); papers
:
Introduction: The Danger of Democracy's Self Doubt, Edward B. Foley
The Virus and the Vote: How to Prevent the Infection of Our Election, Nathaniel Persily
Protecting Elections from Disinformation: A Multi-Faceted Public_Private Approach to Social Media and Democratic Speech, Yasmin DawoodInternet Service Provider Liability for Disseminating False Information about Voting Rights and Procedures, William Marshall
Strike & Share: Combating Foreign Influence Campaigns on Social Media, Ellen Weintraub & Carlos A. Valdivia
On the Security of Ballot Marking Devices, Daniel Wallach
Protecting the Perilous Path of Election Returns: From the Precinct to the News, Stephen Pettigrew & Charles Stewart
Democratic Tradeoffs: Platforms and Digital Political Advertising, Daniell Kreiss & Bridgett Barrett
Facilitating Accountability for Online Political Advertisements, Abby K. Wood



Ballot-marking devices cannot insure the will of the voters, Andrew Appel et al. Election Law Journal, June 16, 2020 paywall

Signature Verification and Mail Ballots:Guaranteeing Access While Preserving Integrity (How California manages to
(1) verify signatures on vote-by-mail ballot return ID envelopes and (2) notify voters whose signatures were rejected and providing a process to allow voters to remedy this rejection),  Roxana Ajon et al., Stanford Law Review, April 15, 2020 , 121 pages

Protecting elections from social media manipulation, Science, August 30, 2019

The Problems and Potentials of voting Systems, Communications of the ACM, October 2004 entire issue; likely a bit dated



voting during a pandemic

The 50 states' new absentee voting rules under the pandemic (as of 7/22/2020)


proposed changes to NC elections laws/procedures, due to the pandemic


NC Board of Elections issues executive order: increasing number of Early Voting sites, implementing safety guidelines for voting, etc. 
Text of executive order

Bill filed in NC to change election laws/procedures during the pandemic, NC Legislative Assembly, May 22, 2020
The changes that voting rights advocates wanted for Fall 2020 NC elections, NC Policy Watch,  May 7, 2020
Proposed election law/procedure changes that the NC Board of Elections submitted to the legislature, via WRAL, March 26, 2020


how to return an absentee ballot in NC

type of voter
return location
deadline for return/receipt
other requirements


civilian

any Early Voting site
in your county of residence

end of Early Voting,
3 pm Saturday, Oct. 31, 2020

must be returned to an election official in person
or by "near relative"***
or legal guardian
(i.e., there are NO drop boxes)



civilian


County Election Office
in your county of residence


5 pm Election Day,
November 3, 2020

must be returned to an
election official in person
or by "near relative"
or legal guardian
(i.e., there are NO drop boxes)



civilian


by mail
to County Election Office


must be postmarked by 5 pm on Election Day (November 3, 2020)
and
received by mail by 5 pm Friday, November 6
at the County Election Office



postmark must be legible
(advice: get it postmarked by hand!)

Military & living overseas*
(including FWAB**)

can be returned by mail,
 email, or fax

must be received by the close of polls on Election Day (7:30 pm, November 4)
at County Election Office

If the ballot is received later than that hour, it will not be timely, unless the voter transmitted the ballot by 12:01 am on the day of the election (voter's time) and the County Office receives the ballot by the last business day before the county vote canvas.
The county canvas is generally conducted 10 days after the date of the General Election.



*  includes Active duty members of the Uniformed Services, Merchant Marine, or commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration; their eligible family members; and U.S. citizens residing outside the United States.

**
FWAB = Federal Write-in Absentee Ballot

*** "near relative" = voter's spouse, sister, brother, parent, grandparent, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepparent, or stepchild


guides and recommendations
to voting during a pandemic


Voting Amid Covid-19:  Your Guide to Safer Voting During the Coronavirus Pandemic,  Cleveland Clinic, September 24, 2020, 20 pages

Election Law Journal special September 2020 issue: Elections during the Covid-19 Pandemic:  19 articles on various election aspects;  free to download

A massive 3-part RAND report:  Conducting safe elections in a pandemic

part 1:  An Assessment of the 50 States' Voting Processes
and  the 83-page ebook

part 2:  Are States Ready for a Covid Election?
a tool to look examine each state's rules

part 3:  Options for Ensuring Safe Elections
and  the 95-page e-book



Preparing for cyberattacks and technical issues during the pandemic: A guide for public officials,  Brennan Center, June 2020, 29 pages

Registering and Voting during the Era of Covid-19
, Policy proposals for safeguarding voter registration, mail voting, and in-person voting for the Fall 2020 elections, Fair Elections Center, May 2020, 6 pages

Policy Actions in Response to Covid-19: A state-by-state analysis and rating (1 to 5s; NC gets 2s), Fair Elections Center, May 2020, 16 pages 

Covid-19 Election Guide: Recommendations for changes in election procedures/laws, National Task Force on Election Crises, April 17, 2020, 17 pages

Fair Elections During a Crisis: Urgent recommendations in Law, Media, Politics, and Tech to Advance the Legitimacy, and the Public's Confidence in, the U.S. November 2020 election, by the Ad Hoc Committee for 2020 Election Fairness and Legitimacy,  April, 2020, 45 pages

How to avoid a Wisconsin-style meltdown on Election Day, using the Federal Write-In Absentee Ballot (which already exists for the military), Politico, April 2020.  What the FWAB looks like.

A Guide to Safe Voting during the Covid crisis Joia Mukherjee and 5 others, Free Speech for the People, April 7, 2020, 14 pages
 
How to Protect the 2020 Election from the Coronavirus, Brennan Center for Justice, 3/16/2020, 10 pages
and a follow-up:  Deadlines for Running a Safe Election,  What needs to be funded/decided by when, 5/11/2020


miscellaneous commentary

How to save the election: nationwide vote-by-mail, The Atlantic, 3/27/2020

Nationwide voting by mail will be a massive undertaking, Washington Post, 3/27/2020

Coronavirus response package includes $400 million for elections,  The Hill, 3/25/2020

Voting by mail would reduce coronavirus transmission, but it has other risks, Pro Publica, 3/24/2020

Vote-by-mail or nothing in 2020? Washington Post, 3/23/2020

Can the President cancel the Nov elections?
  (
and who's in charge if they're postponed?)  Vox, 3/21/2020

Voting by mail is the hot new idea.  Is there time to make it work?, NY Times, 3/19/2020


Postponing primary elections sets a dangerous precedent, Washington Post, 3/18/2020
(Washington Post)
Elections in the time of coronavirus,
MIT ElectionLab:  resources, research, & experts

Mail-in ballots to avoid coronavirus:
how to avoid chaos and unfairness, Washington Post, 03/18/2020

We aren't ready for elections in a pandemic,
Washington Post, 03/18/2020
(Washington Post
We held an election during the 1918 flu epidemic (we can old one now), Slate
, 3/18/2020
(
Voting in the time of the virus, Franita & Foley, 50-minute podcast, 3/18/2020

Voting by mail: How to guarantee that coronoavirus won't disrupt our elections, Amy Klobuchar and Ron Wyden,
Washington Post, 03/16/2020
 
Coronavirus could normalize voting by mail.  And that's a problem., Washington Post, March 3/12/2020
an article that totally ignores the security problems of voting by mail


Voting by mail will save the 2020 election, NY Times, 3/12/2020
ditto another; maybe they should take a course on voting security

An unprecedented challenge to 2020 elections,  Washington Post, 3/9/2020

Coronavirus and 2020 elections: What needs to happen in an outbreak, NY Times, 3/9/2020,
especially when all the major candidates are the most at-risk


Supreme Court rulings on voting rights during the pandemic

date
state
issue
ruling




8/13/2020
Rhode Island
in-person witness and notary requirements
for mail-in ballots

(Republican National Committee v. Common Cause)

Leaves standing a consent decree that removes witness requirements
that mail-in voters' ballot be witnessed by 2 people or a notary


(on the premise that the state of RI had agreed,
and the procedure was in effect previously for the primary)




7/17/2020
Florida
voting rights of ex-felons

(Purcell v. Gonzalez)
Leaves standing  a Court of Appeals decision blocking ex-felons from registering to vote and voting (despite last year's passage of amendment to Florida constitution allowing that)




7/3/2020
Alabama
photo-ID requirement for absentee ballot requests

requirement that absentee ballots be accompanied by affidavit signed by 2 adult witnesses or 1 notary

Leaves standing the requirement overturning District Court ruling dismissing the requirements





6/26/2020
Texas
voters' ability to vote by mail during a pandemic

(Texas Democratic Party v. Greg Abbott, Governor of Texas)
Refuses to allow voters under 65 to be able to vote by mail because of health reasons during a pandemic
overturning a District Court order allowing mail-in voting for anyone during the pandemic




4/6/2020
Wisconsin
deadline for receipt of main-in ballots
Refuses to extend deadline for receipt of mail-in ballots by 6 days (despite widespread delays in sending out primary election ballots) blocking executive order by WI governor









other resources on election security and vote-by-mail


When mail-in-vote processing and counting can begin in every state  NY Times, October 13, 2020
many states can start ballot processing before election day, and most all can start counting early on Election Day.


Mail-in Voter Fraud:  Anatomy of a Disinformation Campaign,  Yochai Benkler & 7 others, Berkman Klein Center, October 2, 2020
direct link to downloading 49-page article  (requires SSRN registration)

The participatory and partisan effects of mandatory vote-by-mail, Science Advances, Michael Barber and John B. Holbein, August 20, 2020

Can America run a successful election?  all-day symposium via Livestream, 2/28/2020

Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy, Richard Hasen, a book (published Feb 2020) and associated reviews and podcasts

Symposium on Election Meltdown (based on the book above), March 9, 2020; a collection of articles and responses
and another Symposium of Election Meltdown (8 months later?)

Rick Hasen's Election Law blog has updates on gerrymandering, voted-ID, election security, and all things involving election law.

Voting System Security and Reliability Risks Fact Sheet, Brennan Center for Justice, based on 2016 election controversies

Election Security in North Carolina, NC State Board of Elections

Election Security State Policies: a list of best practices for states, National Conference of State Legislatures

Election Security State Policies: a list of actual state practices, Center for American Progress

Securing Digital Democracy, Coursera on-line course



the Electoral College

the rules 

Legal provisions relevant to the Electoral College National Archives

The Electoral College in the Constitution, annotated,  Cornell Law

The Electoral College: How it's Supposed to Work, U.S. House of Representatives

The Electoral College and Indecisive Elections: What Happens When it Doesn't Work, U.S. House of Representatives 

What happens if a presidential candidate withdraw (or dies) before the election is over?    Part 1   and    Part 2,
Washington Post, May 2020


rule changes?


Let the People Pick the President, The case for abolishing the Electoral College, by Jesse Wegman, published March 17, 2020
    a NY Times book review
    Fresh Air 50-min podcast: The Electoral College rules are not set in stone

National Popular Vote Compact

Efforts to abolish or reform the Electoral College

court cases

Supreme Court: states have the right to require Electoral College voters to vote for winner of state popular vote.     
Supreme Court decisions:   Chiafalo et al. v. Washington     Colorado vs. Baca et al.
previews:
Supreme Court to decide the legitimacy of 'faithless electors', Vox, January 22, 2020: The Chiafalo and Baca cases make the 2020 Supreme Court docket, to be decide by June 30, 2020:

Supreme Court filings in Chiafalo v. Washington
Supreme Court filings in Colorado Department of State v. Baca
(these 2 cases were originally consolidated by the Supreme Court, but have not been separated, 3/10/2020)


the good, the bad, & the ugly

5 Misconceptions about the Electoral College, G. Alan Tarr, The Atlantic, November 29, 2019



academic papers


The Neutral Partisan Effects of Vote-by-Mail: Evidence from County-level Rollouts, Daniel Thompson et al. Standford University, April 2020, 33 pages

The Myth of National Popular Vote Compact in Presidential Elections (and why it's likely unconstitutional) , William Josephson, February 25, 2020

The Constitutional Case for State Power to Eliminate Faithless Electors,  Tyler Creighton, March 25, Boston Law Review

The Framer's Inadvertent Gift:  The Electoral College and the Constitutional Infirmity of the National Popular Vote Compact,  Michael Morley, Harvard Law & Policy Review,  March 2020, under review




state election laws

State Election Overview
a new searchable database

absentee voting

⅔ of states have no-excuse absentee voting

state rules for absentee voting

perhaps updated by:
The 50 states' new absentee voting rules under the pandemic (as of 7/22/2020)


of states require a reason (usually 'emergencies') for absentee voting

state-by-state requirements for emergency voting

absentee ballot deadlines, by state


how to Vote At Home
another summary of the byzantine state rules


  'all' mail elections
(pre-coronavirus; see elsewhere for pandemic updates)


all voters get mailed a ballotin 4 states (OR, WA, CO, HI)
although there is still in-person voting

4 other states allow counties to opt in for all-mail elections (CA, UT, ND, NE)

13 other states allow all-mail elections under special circumstances)
 
 


absentee vote-by-mail in North Carolina

three options

1) request an absentee ballot by mail in Durham County:    fill-in form on computer          printable form to write on

2) request an absentee ballot by email:
coming soon if NC Legislature passes election reform (likely June 2020)

3) you can also request an absentee ballot in person
at the Board of Elections office in your county of residence
(201 N. Roxboro St, if in Durham County, NC)


2 additional ballot options for military personnel or any citizen living outside the U.S.

1) combined voter registration form and request for absentee ballot   (Federal Post Card Application)
form is foldable and can be mailed as a postcard; postage paid

2) Federal write-in absentee ballot  (FWAB)
a downloadable, totally blank ballot; postage paid envelope included;
 no candidates shown: all candidates & respective offices must be written in;
most useful if you want to vote for just a few offices, e.g., President and Senator



  Early Voting (aka  One-Stop Voting)   is another form of 'absentee' voting)

9 states have no provision for Early Voting
(NH, RI, CT, PA, KY, MO, MS, AL, SC)

state-by-state laws for early voting
(start/end dates; locations; hours and days)