Janai Nelson

Weak Voting Protections Keep American Election Law on the Battlefield

At the Aspen Ideas Festival, election-law scholars and political practitioners argued that the immediate danger for 2026 is less a miscounted Election Day than a close election whose count is challenged, delayed or delegitimized afterward. Rick Hasen, Benjamin Ginsberg, Sarah Isgur and Janai Nelson largely trusted local administrators to count ballots, but split over what makes elections legitimate: administrative competence, equal access to the franchise, limits on federal and judicial power, stronger parties, or a constitutional right to vote.