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Election Policy Roundup

by January 15, 2026
January 15, 2026

Walter Olson

Crowd of people wave small American flags on the National Mall with the US Capitol in the background

Number 19 in our series of occasional roundups on election law and policy:

  • Here’s the deal, says the US Department of Justice to states: We’re going to send you lists of voters we think are ineligible, and you’re going to take them off the rolls. That “would hand the federal government a major role in election administration, a responsibility that belongs to the states under the U.S. Constitution” [Jonathan Shorman, Stateline]. Related: “Explainer: Can the Federal Government Force States to Hand Over Citizens’ Voter Information?” [Derek Clinger, State Democracy Research Initiative (University of Wisconsin Law School)].
  • Of interest to everyone involved in the practicalities: “Reform Meets Reality: How Ranked Choice Voting Impacts Election Administration” [Lily Kincannon, Theo Menon, and Michael Thorning, Bipartisan Policy Center]. Plus: Summarized highlights from Martin Austermuhle (a “longer runway is better,” switching to ranked-choice voting for the first time “is better done in off-cycle elections,” and outside groups should be recruited to help with voter education). 
  • Important but under-covered topic: Who pays for election administration? Look up how your state does it [Center for Election Innovation and Research].
  • “States should amend their laws to significantly narrow the circumstances in which recounts take place” [Derek Muller, NYU Law Democracy Project].
  • Fulton County, Georgia, administrators failed to follow proper security steps in the 2000 election, but no, this doesn’t amount to a big national story [Jason Shepherd, PeachPundit (“sloppy paperwork is not equivalent to tampering with ballots,” and no evidence of the latter is evident); Scot Turner, same site (violation of the rulebook in the handling of legitimately cast votes calls for “accountability, not retroactive vote deletion”); and Stephen Richer, The Dispatch (“I suspect the [Georgia] AG’s investigators will find that some election workers simply forgot their training.”)]
  • Sounds hard to scale, though: Researchers threw 200 Pennsylvanians of diverse political views and backgrounds together for a few days of discussion and found considerable depolarization and the emergence of areas of common agreement [Holly Otterbein, Politico].
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Dr. Peter Klein on International Law and “Might Makes Right”
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Congress or the Constitution? Yesterday’s Double Jeopardy Decision Raises Questions

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