Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Changing election rules is none of a federal judge’s business, one says

Georgia voting

A federal judge has dismissed a lawsuit seeking changes in Georgia's election systems, saying the courts have no role in deciding what is a political issue.

The Washington Post/Getty Images

A federal judge has dismissed a lawsuit seeking to delay Georgia's primary and make other changes to the election rules because of the coronavirus. But what's much more potentially significant is Judge Timothy Batten's reason: The issues raised in the case are political and there is no place for the judiciary to decide them.

Batten's ruling, issued earlier in the month but reaffirmed more forcefully on Tuesday, says the suit raises "nonjusticiable political questions." It is the same, unusual conclusion the Supreme Court reached a year ago in its landmark ruling that federal courts have no place refereeing the limits of partisanship in drawing legislative maps

But it is a wholly different approach than the one taken in a slew of lawsuits filed since the pandemic began, arguing that judges must relax voting regulations that unconstitutionally or illegally imperil the health of voters and poll workers.


In those cases, judges have considered the impact of state and federal laws in light of the current public health crisis by applying a legal balancing standard with ample precedent in voting rights cases. Under that approach, the potential infringement of a citizen's political rights is weighed against the government's interests in setting the rules.

The Georgia case was filed in April by the Coalition for Good Governance and several of its Georgia members against Republican Secretary of State Brad Raffensperger.

It called for delaying the June 9 primary by three weeks and also asked the court for a myriad of other changes including the use of paper ballots, curbside voting and protective equipment for poll workers.

In rejecting a request that he reconsider his initial decision, Batten wrote Tuesday that the problem with the case is "the utter absence of judicially manageable standards to determine the existence or extent of a violation and the appropriate remedy therefore."

Then he posed a series of questions for which, he said, there are no answers: "How early is too early for the election to be held in light of Covid-19? How many safeguards must be in place to protect those who choose to vote in person from the possibility of contracting Covid-19? What are those safeguards, and when is the implementation of an additional safeguard no longer necessary?"

Battan was chosen for the bench in Atlanta 14 years ago by President George W. Bush. For his rationale to have truly widespread impact, it would need to be embraced by the 11th Circuit Court of Appeals, which also reviews decisions from Alabama and Florida, and then the Supreme Court

But voting rights law expert Richard Hasen, a law professor at the University of California-Irvine, says "this move among conservative judges toward nonjusticiability of voting rights claims is especially worrying."

"The approach of the trial court in the Georgia case would essentially give states a free hand to pass legislation that favors incumbents or a political party and to discriminate against a voting minority in the state with no justification whatsoever," he posted on his blog Wednesday.


Read More

​U.S. President Donald Trump sitting in the Oval Office.

U.S. President Donald Trump speaks during an announcement on American nuclear innovation in the Oval Office at the White House on July 24, 2026 in Washington, DC.

Eric Lee/Getty Images

Trump’s Elections Speech Was Not the Opening Shot; It was the Latest Salvo

President Donald Trump’s recent address repeating his claim that he won the 2020 election was widely portrayed as a dramatic escalation of his attacks on our election system. It wasn’t.

It is nothing new!

Keep ReadingShow less
  Creative Images Creative Images & Video Images Creative Editorial Video Creative Editorial  Search by image or video Close-up of woman holding a smartphone.

Can secure mobile voting expand election access? Explore how smartphone voting could increase turnout, improve accessibility, and modernize U.S. elections.

Sitthiphong/Getty Images

Mail-In Ballots Are Still Under Attack. Mobile Voting Can Protect Access To The Ballot Box.

Late last year, I became CEO of The Mobile Voting Project. Previously, I served as Chief of Staff to two United States senators, Chief of Staff at the US Department of Education, and Chief of Staff for Vice President Kamala Harris's presidential campaign. At every step in my public service career, I have always had one clear goal: making government work better for everyday people.

I believe that we cannot make government work better if we do not start at the very foundation of our government itself: democracy and voting. In my current role with The Mobile Voting Project, we are focused on making voting more seamless, secure, and accessible. We believe that putting democracy — literally — into the palms of every American’s hand is how we can boost turnout, reduce extremism, and strengthen our democracy.

Keep ReadingShow less
 Woman voting on election day

Proportional representation is gaining momentum in the U.S. Explore ranked choice voting, open-list systems, constitutional limits, and the future of electoral reform.

Getty Images, Tetra Images

Which Proportional Voting System Best Fits America’s Constraints?

In the wake of recent redistricting battles, proportional representation is having a moment. Ezra Klein devoted an entire episode to touting it as a solution to gerrymandering. A flock of Substackers and influencers chimed in. Even Kamala Harris and Pete Buttigieg came out as PR curious.

From the hubbub, you might assume that most students of US elections believe that multi-winner districts with proportional representation are the only full solution to the redistricting wars, and you’d be right. But beyond that point of consensus, agreement breaks down. Proponents split into camps over which type of proportional representation to pursue.

Keep ReadingShow less
Two people at separate voting booths, filling out a ballot.

Voters cast their ballots in Colorado's primary election at the Central Library on June 30, 2026 in Denver, Colorado. Voters are deciding on candidates for Colorado Governor, US Senate and other races.

Michael Ciaglo/Getty Images

Closed Primaries Let 7% of Voters Choose 87% of Congress

Consider this wacky football scenario: What if only fans who declared their team loyalty before the game are allowed to watch the Super Bowl? Yep, unless you pick a team, you can’t get into the stadium. This is similar to how closed primary elections work, in which only registered voters of a specific political party can participate in that party's primary. That’s the brilliant analogy the Unite America Institute uses in a new, short explainer video describing the highly undemocratic system that dominates American primary elections.

“In most elections, the real contest is not the general election but the party primary held months before,” said Beth Hladick, Policy Director at Unite America. The new video is part of a year-long fellowship project: the Democracy and Public Service Initiative, a partnership between the National Academy of Public Administration and the Bridge Alliance.

Keep ReadingShow less