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Election Law

1314 ABA Journal Election Law articles.

State rep displays middle finger during online court hearing, leading to show-cause orders

A Florida state representative who appeared to be displaying his middle finger and making other gestures during an online court appearance is facing an Oct. 1 contempt hearing.

Sep 5, 2024 3:20 PM CDT

With Trump indictment, appeal, Jack Smith launches final pre-election moves

Special counsel Jack Smith is trying to nurse back to health cases with potentially fatal ailments: in Florida, a set of charges dismissed by a highly skeptical Trump appointee; in D.C., a case of alleged election obstruction that the nation’s highest court has already amputated once, and may do so again.

Aug 30, 2024 12:25 PM CDT

Last-minute election lawsuits may serve political goals, law prof says

Last-minute lawsuits challenging election rules and voter-registration procedures are being filed in battleground states in the run-up to the Nov. 5 presidential election.

Aug 30, 2024 9:50 AM CDT

Chemerinsky: Saving American democracy will require constitutional reforms and Supreme Court term limits

There is a widespread sense that American democracy is in danger. No form of government lasts forever, and it is foolhardy to believe that the United States cannot fall prey to the forces that have ended democracies in many other countries. The problems, to a large extent, stem from the choices made long ago in drafting the Constitution. But the situation has gotten much worse in recent years, in part because of decisions by the U.S. Supreme Court.

Aug 28, 2024 1:49 PM CDT

Wanted: Lawyers to help with this year’s election

The Task Force for American Democracy, formed by immediate-past ABA President Mary Smith last year, is on the front lines. In recent months, its members conducted a cross-country listening tour to discuss improving public trust in the electoral process. It also released an analysis outlining current threats to elections and ways lawyers and state and local bar associations can help protect the system.

Aug 26, 2024 10:52 AM CDT

SCOTUS allows Arizona voter-registration law requiring proof of citizenship

The Supreme Court cleared the way Thursday for a provision of Arizona law that requires proof of citizenship to register to vote in some circumstances, the first time the high court has weighed in on a voting dispute in the run-up to the presidential election.

Aug 22, 2024 3:44 PM CDT

Give Us a Break: Supreme Court’s summer hiatus interrupted by emergency docket cases

Updated: After a blockbuster and contentious term that spilled over into July, U.S. Supreme Court justices were no doubt eager for their summer recess to begin. But at a recent annual judicial conference, Justice Elena Kagan addressed the idea of the court’s summer recess, bemoaning a trend of recent years in which the press of emergency actions encroached on the justices’ relaxation.

Aug 22, 2024 10:34 AM CDT

Anticipating upcoming election, ABA House votes to safeguard Constitution and rule of law

With a contentious presidential race looming, bringing with it fears about the country’s future, the ABA House of delegates Tuesday adopted a resolution seeking to preserve, protect and defend the Constitution.

Aug 6, 2024 3:01 PM CDT

Supreme Court rejects Missouri’s suit seeking to delay Trump sentencing in New York case

The U.S. Supreme Court on Monday rejected Missouri’s motion to file an original jurisdiction lawsuit contending that the conviction of former President Donald Trump in the hush-money election-interference case in New York undermines his ability to campaign and violates state residents’ First Amendment right to hear from him.

Aug 6, 2024 11:33 AM CDT

‘We are in the storm,’ warns ABA President Mary Smith

ABA President Mary Smith warned of upcoming threats to democracy and urged the protection of American democracy during the 2024 ABA Annual Meeting in Chicago.

Aug 5, 2024 1:05 PM CDT

5th Circuit rules against Black and Hispanic voters in redistricting case

A federal appeals court on Thursday made it harder for Black and Hispanic voters to form coalitions to elect the candidates they prefer in three southern states, overruling long-standing precedents. In a 12-6 decision, it ruled the language in Section 2 of the Voting Rights Act and decisions from the Supreme Court do not require coalition districts.

Aug 2, 2024 9:36 AM CDT

Lawyers must protect democracy now

We are at a defining moment in our country. Over the last four years—most strikingly on Jan. 6, 2021—we have seen violent attacks on our democratic institutions. Make no mistake, we are facing a concerted, strategic campaign to destabilize the electoral process and disenfranchise voters. Threats to public officials and their families have skyrocketed, with threats to federal judges jumping 150% from five years ago.

Aug 1, 2024 2:40 AM CDT

Safeguarding Elections: Decades of ABA advocacy has helped ensure access to the ballot box

As an organization dedicated to upholding justice and the rule of law, the American Bar Association prioritizes safeguarding the fundamental right to vote.

Aug 1, 2024 12:20 AM CDT

Lawyers must act now to save our democracy

With 100 days to go until Election Day, and as we enter a particularly fraught presidential election season, we the people must consider both who and what we’re voting for. Never have presidential powers been a more salient issue than now.

Jul 29, 2024 2:00 PM CDT

Who is Doug Emhoff? Harris’s husband could be the first first gentleman

Lawyer Doug Emhoff made history as America’s first male vice-presidential spouse, and who could do so again in November if Harris were to win the presidency.

Jul 24, 2024 9:01 AM CDT

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