Panel 2: Recent Developments in Election Law

Many western states are making significant structural changes to their campaign and election laws. Innovations like ranked-choice voting and new campaign financial disclosures rules are taking hold in many states, including California, Washington, Arizona, and Alaska. These changes are having real impact on the ground, as evidenced by the recent primary election in Alaska, where ranked-choice voting resulted in a Democrat being elected to Congress for the first time in five decades. Other legislative changes across the west address political speech and its funding sources, including Alaska’s recently enacted ban on so-called “dark money;” Arizona’s Proposition 211 measure, which was passed in the recent election; and Oregon’s consideration of introducing a similar measure on the ballot in 2024. In addition to significant policy debates over the merits of these policies, lawyers are challenging their constitutionality based on First Amendment speech and association grounds. The panel will begin by framing the policy debate, followed by a discussion of the current status of various election-related reforms, including litigation pushing state and federal constitutional challenges to these changes. Featuring: Mr. Daniel Suhr, Senior Attorney, Liberty Justice Center Mr. Kory Langhofer, Managing Partner, Statecraft Prof. Richard Pildes, Sudler Family Professor of Constitutional Law, New York University School of Law Mr. Scott Kendall, Of Counsel, Cashion Gilmore & Lindemuth Prof. Bradley A. Smith, Josiah H. Blackmore II/Shirley M. Nault Professor of Law Hon. Terry Goddard, Shareholder, Goddard Law PLC, Former Arizona Attorney General Moderator: Hon. Patrick J. Bumatay, United States Court of Appeals, Ninth Circuit