Alabama Court Rules, Consistent With My Understanding (but Not the Alabama SOS Understanding) That Court Lacks Jurisdiction to Hear Roy Moore Election Challenge

The judge’s order saying the court has no jurisdiction relies on Alabama Code 17-16-44, which says that courts don’t have jurisdiction to hear election challenges unless expressly provided for by statute.  As I explained on election night, candidates for federal … Continue reading

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Wisconsin’s Election Administrator Michael Haas Responds to Unsupported Charges Made Against Him by Republican Legislative Leaders

Letter begins: I am writing to express my concern regarding public statements each of you have made regarding my work on the staff of the Government Accountability Board (G.A.B.) and as Interim Administrator of the Wisconsin Elections Commission. Specifically, each … Continue reading

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HuffPost on Tom Farr: “Trump Judicial Pick Disputes Allegation That He Lied To Senate About Voter Intimidation Plan”

HuffPost: Sen. Cory Booker (D-N.J.) asked Farr to clarify what he knew about the scheme, and Farr responded on Tuesday, disputing Hebert’s recollection. Farr acknowledged, however, that he participated in a meeting about “ballot security” just before the 1990 election. He said … Continue reading

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“Senators Introduce Bill to Protect Election Systems from Cyberattacks”

Release: Lawmakers in the Senate introduced legislation today that would help states prevent cyberattacks on election infrastructure and enhance confidence in vote totals from electronic voting machines. The bill comes amid ongoing revelations about Russia’s unprecedented attempts to interfere in … Continue reading

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WI: “Attorney General Brad Schimel wants sanctions and contempt proceedings over Gov. Scott Walker John Doe leak”

Milwaukee Journal-Sentinel: State Attorney General Brad Schimel has recommended contempt proceedings for a prosecutor and eight other officials over their handling of material from a secret probe of Gov. Scott Walker’s campaign. In a 91-page report made public Wednesday, the Republican attorney … Continue reading

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Much Russian Activity Meddling in 2016 Elections Likely Didn’t Violate Federal Law, Wouldn’t Be Covered by Proposed “Honest Ads Act,” and May Be Beyond (Conservative Justices’ Views of) Constitution to Limit

I’ve already hinted at some of these things in this Politico piece, but I’ve now fleshed it out in the latest draft of my forthcoming First Amendment Law Review article, Cheap Speech and What It Has Done (to American Democracy). … Continue reading

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