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

Official ballots with a chain and lock over them, and the USA flag behind them.

The impact of election fraud claims and voting laws on democracy in the United States. Daniel O. Jamison examines voter suppression concerns, mail-in ballot policies, and the broader political struggle over election integrity.

Getty Images, JJ Gouin

If It Ain’t Broke, Don’t Fix It

For nearly ten years, claims that our elections are riddled with fraud have threatened the foundation of our democratic republic.

It is alleged that Democrats have flooded the country with illegal immigrants who then illegally vote for Democrats. Purportedly to protect the country from this, Republicans seek legislation that would, among other provisions, restrict vote-by-mail, require potentially expensive and onerous proof of citizenship to register to vote, and require potentially expensive photo identification to vote.

Keep ReadingShow less
The Fahey Q&A with Elizabeth Rasmussen

An in-depth interview with Elizabeth Rasmussen of Better Boundaries on Utah’s redistricting battle, Proposition 4, and the fight to protect ballot initiatives, fair maps, and democratic accountability.

The Fahey Q&A with Elizabeth Rasmussen

Since organizing the Voters Not Politicians 2018 ballot initiative that put citizens in charge of drawing Michigan's legislative maps, Fahey has been the founding executive director of The People, which is forming statewide networks to promote government accountability. She regularly interviews colleagues in the world of democracy reform for The Fulcrum.

Elizabeth Rasmussen is the Executive Director for Better Boundaries, a Utah-based organization fighting for fair maps, defending the citizen initiative process, preserving checks and balances, and building a better future. Currently making headlines in the state, Better Boundaries is working to protect Proposition 4, and with it, the rights of Utah voters.

Keep ReadingShow less
A sign that reads, "Voter Registration," hanging from the cieling, pointing to an office with the words, "Voter registration," above its doorway.

The voter registration office at the Nueces County Courthouse in Corpus Christi, Texas on Sept. 11, 2024. Voting rights groups are challenging the state's use of a federal database to check the citizenship status of people on the state's voter roll.

Gabriel Cárdenas for Votebeat

Voting Rights Groups Challenge Texas’ Removal of Potential Noncitizens From the Voter Roll

What happened?

Voting rights groups are suing the Texas Secretary of State’s Office and some county election officials to prevent the removal of voters from the state’s voter roll based on use of a federal database to verify citizenship. They also claim the state failed to crosscheck its own records for proof of citizenship it already possessed before seeking to remove voters.

Keep ReadingShow less
People at voting booths, casing their votes in front of a mural depicting the American flag, a bald eagle flying, and children holding hands in the foreground.

Virginia voters cast their ballots at Robius Elementary School November 4, 2025 in Midlothian, Virginia.

Getty Images, Win McNamee

Fixing Broken Systems: America’s Path Beyond Polarization

"A bad system will beat a good person every time" is a famous quote by Dr. W. Edwards Deming, the American statistician most often credited with the Japanese economic miracle after WWII. Even talented, hardworking people cannot overcome a flawed, dysfunctional, or unfair system, making system improvement more crucial than solely blaming individuals for failures.

Fixing “bad systems” is viewed by political scientists and reform organizations as the primary path to reducing America’s political dysfunction. Current systemic structures often create "misaligned incentives" that reward extreme partisanship and obstruction rather than governance. The most prominent electoral system reforms proposed by experts include:

Keep ReadingShow less