US EditionHow a largely forgotten Supreme Court case can help prevent an executive branch takeover of federal elections
The 1970 Roudebush v. Hartke ruling restricts executive actions in federal elections to uphold Congress's sole authority to judge its members, aiming to prevent disruptions.
- Roudebush v. Hartke, a 1970 Indiana recount case, sets legal limits on federal interference in congressional contests and provides courts a posture to protect Congress's election role.
- The 1970 Indiana recount produced a Supreme Court case when challenger Roudebush invoked Indiana recount procedures, prompting Hartke to sue to stop the recount.
- The Committee on House Administration maintains an Election Observer Program deploying House credentialed observers and staff to oversee close races like Iowa's 2nd Congressional District recount, while states enforce chain-of-custody and recordkeeping for ballots using inspections and preservation orders to protect evidence.
- Federal courts should be skeptical of warrants that interrupt state canvasses, as refusing seizure during canvass processes would protect Congress's authority and limit executive branch action before the 2026 midterm congressional elections.
- The Fulton County seizures illustrated that evidence seizures can affect certification, as ballots and tabulation equipment are essential for state canvass and certification processes and election administrators.
31 Articles
31 Articles
A forgotten Supreme Court case can help prevent Trump's takeover of elections
The recent FBI search of the Fulton County, Georgia, elections facility and the seizure of election-related materials pursuant to a warrant has attracted concern for what it might mean for future elections.What if a determined executive branch used federal law enforcement to seize election materials to sow distrust in the results of the 2026 midterm congressional elections?Courts and states should be wary when an investigation risks commandeerin…
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How a largely forgotten Supreme Court case can help prevent an executive branch takeover of federal elections
Georgia General Election 2020 ballots are loaded by the FBI onto trucks at the Fulton County Election hub on Jan. 28, 2026, in Union City, Ga. AP Photo/Mike StewartThe recent FBI search of the Fulton County, Georgia, elections facility and the seizure of election-related materials pursuant to a warrant has attracted concern for what it might mean for future elections. What if a determined executive branch used federal law enforcement to seize el…
How A Largely Forgotten Supreme Court Case Can Help Prevent An Executive Branch Takeover Of Federal Elections
The Kenya Times ~ Trending, Breaking News and Videos How a Largely Forgotten Supreme Court Case Can Help Prevent an Executive Branch Takeover of Federal Elections By Derek T. Muller, University of Notre Dame The recent FBI search of the Fulton County, Georgia, elections facility and the seizure of election-related materials pursuant to a warrant has attracted concern for what it might mean for future elections. What if a determined executive br…
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