PRESTOPUNDIT -- "An intense brain-buzz, guaranteed" (2blowhards)

UCLA law professor Eugene Volokh:

When the supposed constitutional wrong is that the existing plans will lead to machine error and voter confusion, then we should consider whether the remedy will in fact be materially better. So far, there seem to be good reasons to predict that the lost vote problems in the currently punch-card counties may actually increase with a shift to one of the supposedly technically better systems, given the likely glitches whenever a new system is used for the first time in a jurisdiction, and the possible problems flowing from the coupling of the unusually massive candidate list on the recall ballot (where all voters can vote for any candidate) with the primary ballot (where voters can only vote for their own party's candidates). If that's so -- if the constitutional cure is worse than the constitutional disease, based on the very same criteria (risk of lost votes) that are the supposed cause of the current constitutional violation -- then the Ninth Circuit's injunction looks pretty odd indeed.