As the midterm elections approach, the Edley Center is pleased to share vital new election law materials on our website. The first set of materials addresses a new and disturbing issue: the possibility that the federal government will, for the first time, execute a search of a state polling place to seize ballots or other election materials, during or close to an election. The resource identifies election-specific considerations for evaluating and, if necessary, modifying a proposed warrant to minimize disruption and promote public trust in election results. It provides specific questions a magistrate judge should consider when evaluating probable cause in such a situation; discusses the relevant election administration context; and defines the election administration terms and procedures involved.

The second new election law resource provides a guide to election administration processes. This resource will aid magistrate judges when disputes arise before, during, and after voting. Like many observers, we expect a contentious election, and judges deserve all the help we can give them in addressing challenges under pressure.

During our upcoming September 30, 2026 panels on election law updates, we expect to feature discussion of these materials as well as current controversies regarding mail-in ballots and the status of federal Executive Orders related to voting, the ins and outs – and community consequences – of election litigation, and election issues related to law enforcement. We are pleased to host one panel at the Law School during the afternoon of September 30, and a second evening panel graciously hosted by Lieff Cabraser Heimann & Bernstein in San Francisco, at which we will offer CLE credit.  

In the face of federal retreat, state enforcement of civil rights has become more important than ever. We created a new page on our website with state and local civil rights resources. That page now includes a clickable map identifying key recent state civil rights legislation enacted, principally since 2023. These laws reflect efforts in states to shore up civil rights protections in their states, through laws that in some instances replicate federal law and in others expand those guarantees or otherwise strengthen protections, including through increasing appropriations for enforcement. Viewers can identify recent action in their states as well as compare states to each other in their rights-protective activity. This new web page identifies the necessary elements for effective state civil rights protection and includes three new resources for state legislative and policy development, focused on areas for consideration when building resilient state civil right enforcement apparatuses, exemplar policy options for state legislatures, and considerations for strengthening state attorneys general civil rights offices. 

Our fall is busy, commensurate with the quantum of democracy harm this country experiences now. Videos from our very successful August 28 symposium Fight Back: How States Can Counter Authoritarianism are now posted to our website. And we will host the second version of that symposium, with additional speakers, at the University of California Washington, DC Center on September 25. Related to these symposia: Just Security is publishing a special series of essays from these symposia and the associated book that will be published in early 2027 titled Fight Back: How States Can Counter Authoritarianism Series.

Shortly following these events, on October 8, we will host a book talk from former chief investigative counsel for the January 6 Select Committee and former U.S. Attorney Tim Heaphy, reviewing his new book We Are the Answer: How to Save Our Democracy. We also look forward to a UC Berkeley-wide symposium at the Law School on October 30 titled America at 250: Reimagining Who We Are, at which Edley Center will share information for that reimagination. 

Consistent with those themes, on September 17, Edley Center faculty co-director Dan Farber joined UC Davis Law Professor Vikram Amar to speak at a League of Women Voters Constitution Day discussion titled How Much Power Should the President Have?

And in further exciting news, the Edley Center has new people resources. Senior Program Manager and Staff Attorney Laura Faer started with us on September 15. Laura comes to us from eight years’ public service with the California Attorney General’s office, where she co-supervised the Bureau of Children’s Justice and was a Supervising Deputy Attorney General. Before then she had been Regional Director of the U.S. Department of Education, Office for Civil Rights San Francisco regional office and Directing Attorney of the Public Counsel Law Center Children’s Rights Project. 

The Edley Center also welcomes new Senior Fellow Lauren Moore. Lauren is a partner at Wilmer Cutler Pickering Hale & Dorr LLP, where she advises clients on government and internal investigations as well as high-stakes litigation matters. Before then she had been Associate Counsel to the President in the Biden White House and General Counsel to then-Senator Kamala Harris. We are excited to have her join our team.

This is a difficult time for democracy. With your help, we are doing everything we can to defend against the threats faced by our society.

Catherine E. Lhamon

Executive Director