All posts by Rick Hasen

“Hispanic Democratic Officials in Texas Plead Not Guilty to Voter Fraud”

NYT:

Nine Latino Democratic officials and political operatives pleaded not guilty on Wednesday in South Texas to charges of criminal voter fraud, accusations that their defenders called blatant voter suppression and political intimidation by the state’s Republican attorney general.

Gerry Goldstein, a lawyer for the most prominent defendant, told the presiding judge that he had filed a motion Wednesday morning to dismiss the charges and challenge the constitutionality of the state law used to prosecute his client, Juan Manuel Medina, a former chairman of the Democratic Party of Bexar County, the fourth largest in the state.

Gabriel Rosales, the director of the Texas chapter of the League of United Latin American Citizens, or LULAC, called the charges “a complete attack on democracy.”

“This is voter suppression 101,” Mr. Rosales said.

The nine defendants, including Mr. Medina, were indicted last month by a South Texas district attorney working with the state’s famously conservative attorney general, Ken Paxton. Six of the defendants appeared in person in a courtroom in Pearsall, Texas, while three others, including Mr. Medina, appeared via Zoom. A state judge is expected to consider the motion to dismiss the case in early October.

It was the second time in less than four months that Mr. Paxton has charged prominent Latino Democratic officials with criminal “ballot harvesting,” the usually routine act of collecting absentee ballots and bringing them to drop boxes or polling sites to be counted. A half-dozen people, including a county judge, two City Council members and a former county election administrator, were charged with voter fraud in May.

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“The Downballot’s live guide to redistricting in every state”

The Downballot:

At Donald Trump’s instigation, Republican lawmakers across the country are moving forward with plans to redraw their congressional maps outside of the normal once-a-decade redistricting process—purely for partisan political gain.

In response, Democrats nationwide are preparing to counter these gerrymanders with new maps of their own. And in some cases, the courts, rather than legislators, could soon step in to impose changes.

In this continually updated guide, The Downballot is keeping track of the latest redistricting developments in each state—28 in all. Next to each state’s name, you’ll find a breakdown of how many members of each party it elected to the House in 2024.

States not on this list include those whose congressional delegations are effectively maxed out for one side or the other (such as Massachusetts and Oklahoma); those where political considerations make any mid-decade remap very unlikely (such as Arizona and Michigan); or those that have just a single district (like Alaska and Delaware).

You can also check out our special report explaining how every blue state (and several purple ones) can respond to these new Republican efforts to further gerrymander the maps in red states….

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“How a U.S. Senate Race Is Shaping the Fight Over Redistricting in Texas”

NYT:

The standoff in Texas over redrawing the state’s U.S. House districts to a sharply tilted Republican advantage has played out before the backdrop of a contentious U.S. Senate race that may well be making the redistricting fight more contentious.

On the Republican side, the incumbent senator, John Cornyn, has set aside his often conciliatory demeanor, as he vies with his Senate primary opponent, Attorney General Ken Paxton, to see who can look tougher with runaway Democratic lawmakers.

On the Democratic side, State Representative James Talarico and former Representatives Beto O’Rourke and Colin Allred have used the standoff to gain publicity and rally the Democratic base around the notion that democracy itself is at stake. All three are potential rivals in the Senate race.

As the candidates position themselves, they’ve woven threats of prosecution and lawsuits with taunts and dares at the other party — and, in the case of Mr. Cornyn and Mr. Paxton, at each other — with few incentives for compromise….

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“The midterm map fight favors the GOP — and could help them stay in power”

WaPo:

President Donald Trump’s push to redraw the congressional map has fueled a redistricting arms race, with blue and red states rushing to counter each other.

But it’s an uneven fight.

Republicans appear to hold the advantage in the nationwide scramble, according to strategists and nonpartisan analysts, with more opportunities to shift the lines in their favor ahead of the 2026 midterm elections. Democrats have vowed to “fight fire with fire” since the GOP moved to add five red seats in Texas, but they face many barriers.

Republicans are eyeing ways to add a dozen or more red House districts across Texas, Florida, Missouri, Ohio and Indiana, despite some legal hurdles and reservations from local Republicans. Democrats are looking to retaliate with five more blue seats in California, and they are exploring other options, including in Maryland and Illinois. They control fewer states than Republicans, however, and they have already maximized their power in others. In some cases, they would have to work around independent commissions set up to prevent gerrymandering.

“The Republicans are pretty likely to come out ahead — it’s just a question of how much they come out ahead,” said Kyle Kondik, an elections analyst for the nonpartisan site Sabato’s Crystal Ball.

Democrats say they are determined to blunt Trump’s push for more red seats, even if they cannot stop it. As Republicans defend a 219-212 House majority with four vacancies, even small shifts in the map could tip control of Congress in 2026…

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“Texas Democrats to return home for second special session, ABC13 sources confirm”

ABC13:

ABC13 has confirmed with multiple sources that House Democrats will return to Texas.

Eyewitness News has not confirmed the date, but we do know that Democrats believe they’ve accomplished their mission by killing the first special session and by raising national awareness about the mid-decade redistricting effort.

It is unclear which day they will be in Austin at the Capitol, but they stress that they will push for Hill Country flooding relief to be the priority.

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Good Government Group Common Cause Will Bless Time-Limited Mid-Decade Re-redistricting, with Conditions

Announcement via email:

Common Cause today reaffirmed its commitment to fair, people-powered democracy, making clear that independent redistricting commissions remain the gold standard for ending partisan gerrymandering.

However, as political leaders in states like Texas are imposing mid-decade partisan maps to distort the will of the people ahead of the 2026 midterm elections, the organization announced it will closely evaluate, but not automatically condemn, countermeasures to these actions….

Common Cause’s position follows decades of advocacy against partisan gerrymandering, including taking Common Cause v. Rucho to the Supreme Court, drafting provisions in the Freedom to Vote Act to ban partisan gerrymandering, and championing independent redistricting commissions nationwide.

Common Cause’s Six Fairness Criteria for Mid-Decade Redistricting 

  1. Proportionality: Any mid-decade redistricting should be a targeted response proportional to the threat posed by mid-decade gerrymanders in other states.
  2. Public participation: Any redistricting must include meaningful public participation, whether through ballot initiatives or open public processes.
  3. Racial equity: Redistricting must not further racial discrimination or dilute the political voice of Black, Latino, Indigenous, Asian American, and Pacific Islander, or other communities of color.
  4. Federal reform: Leaders pursuing mid-decade redistricting must publicly endorse the John R. Lewis Voting Rights Advancement Act and the Freedom to Vote Act, including provisions banning mid-decade redistricting and partisan gerrymandering.
  5. Endorsement of independent redistricting: Leaders pursuing mid-decade redistricting must publicly endorse citizen-led independent redistricting commissions as the long-term solution.
  6. Time-limited: Any new redistricting maps must expire following the 2030 Census, which counts all people in our country, and be replaced through the regular decennial redistricting process. 

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“Texas Republicans dare Democrats to stay out of state another month”

WaPo:

Texas Republicans said Tuesday that they would kick off a second special legislative session Friday to redraw the state’s congressional maps in favor of the GOP, putting pressure on absent Democrats to quickly return to the state or commit to remaining away for another month.

Dozens of Democrats in the Texas House fled the state last week to block a Republican plan to shift five congressional districts sharply to the right ahead of next year’s midterm elections. They have said they are committed to staying away long enough to kill the measure during a special session slated to last until as late as Aug. 19.

Texas House Speaker Dustin Burrows (R) said Tuesday that if Democrats do not return by Friday, Republican lawmakers will end the special session that day. Gov. Greg Abbott (R) said he would immediately call a new 30-day special session, which Burrows would gavel in later Friday.

The move essentially restarts the clock, forcing Democrats to decide whether they’re willing to stay away for another four weeks — or longer. Democrats have not said whether they would stay away beyond the current special session. Abbott said Tuesday that he will keep calling special sessions until the Democrats come back….

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Supreme Court Fast-Tracks Potential Demolition of Section 2 of Voting Rights Act by Setting Argument October 15 in Louisiana Case, Possibly in Time to Affect 2026 Midterm Elections

We know the Supreme Court dallied a long time in setting the Louisiana case for reargument, only recently adding a doozy of a question in this racial gerrymandering case that could tee up a potential knocking down of the remaining pillar of the Voting Rights Act, Section 2. I explained the whole thing at Slate.

I had (wrongly) assumed given how long it took to set the case for reargument and to tee up the VRA issue that the Court would move slowly in the upcoming term so as not to mess with potential districts being used in the 2026 elections. (A decision to strike down Section 2, in this era of re-redistricting, could lead to a tsunami of new redistricting harming minority voters in Republican-dominated states.)

Now the Court has set oral argument in the case for October 15, in its first sitting of the new October 2025 Supreme Court term.

There are no guarantees on timing. The Court could well take until June 2026 to decide the case (or longer!). But setting it so early in the term after an expedited supplemental briefing schedule increases the chances of messing with the midterms.

Now it could also be that it was set for then because this case is held over from last term and the Court wants to dispose of a case it is already up to speed on.

But wow, this potentially raises the stakes a lot.

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“Voter Intimidation: Forging a Judicial Standard”

Ben Goldstein has written this article for the Journal of Law and Politics. Here is the abstract:

In the last few years, federal courts have seen a notable increase in voter intimidation cases. Empirically, instances of voter intimidation, whether litigated or not, may be increasing as well. After briefly offering explanations for this trend, this Article reviews federal laws aimed at voter intimidation, especially Section 11(b) of the Voting Rights Act. It then considers how courts can reconcile First Amendment speech protections with the need to regulate conduct that interferes with voting, drawing lessons from two recent lawsuits in the 2022 midterm elections
in Arizona.


Rather than solely balancing competing individual rights, courts should embrace a more expansive conception of the governmental interests at stake in voter intimidation cases. In particular, courts should recognize that voting is a separate sphere of civic life—a unique method of public decisionmaking distinct from day-to-day public discourse. As such, the act of voting merits stricter levels of protection than the laissez-faire system governing public discourse.


This Article also suggests that in our post-pandemic era of extended voting, a regime requiring narrowly tailored speech restrictions may be inadequate to safeguard voters from intimidation and interference. Given voting’s essential role in democratic self-governance, courts should not hesitate to enjoin intimidating conduct under Section 11(b), even absent a showing of subjective intent or threatened physical violence. Furthermore, courts should evaluate alleged intimidation not in isolation, but in light of its broader historical and social context and its actual impact on voters.

This looks to be an important piece.

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“The D.N.C.’s New Leader Seeks to Curb Dark Money Influence in 2028 Primaries”

NYT:

Ken Martin, the Democratic National Committee chairman, is taking a symbolic step toward curbing the influence of undisclosed and corporate funds in his party’s 2028 presidential primary, a move that is likely to instigate a broader conversation about the role of big money in Democratic politics.

Mr. Martin’s proposal, which was included in a packet of documents to be sent to D.N.C. members that was obtained by The New York Times, seeks to have a new reforms committee propose “real, enforceable steps the D.N.C. can take to eliminate unlimited corporate and dark money in its 2028 presidential primary process” by the summer of 2026.

The move is the first significant maneuver from Mr. Martin to shape the party’s next presidential nominating process. How much bite the effort has will be determined in large part by the enforcement mechanism the party seeks to implement.

Efforts to curb the influence of super PACs, which can take in unlimited contributions but must disclose their donors, in the 2020 Democratic primaries failed when the party’s leading candidates — from Joseph R. Biden Jr. to Elizabeth Warren — accepted and encouraged support from such outside groups….

It is unclear how the D.N.C. could enforce possible penalties against candidates who have support from outside groups with whom they may not be coordinating. Or whether, as President Trump and Republicans are moving to curb Democrats’ ability to regain power in 2026 and beyond, the party is willing to repel progressive donors who are willing to give unlimited amounts of money….

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“Why a gerrymandering critic wants to toss out California’s maps”

California Playbook:

Sara Sadhwani is proud of her work on California’s independent redistricting commission, but now she wants voters to tear up the maps she and her colleagues spent hundreds, if not thousands, of hours crafting.

The Pomona political science professor grabbed political insiders’ attention when she backed state Democrats’ move to counter Texas Republicans’ planned gerrymander with one of their own.

Sadhwani, one of the commission’s Democratic members in 2020, believes partisan gerrymandering should be outlawed nationwide. But she argued democratic institutions have been so weakened by President Donald Trump’s administration that slanting California’s maps toward Democrats is necessary to push back on a Republican power grab — which is why she’s inviting voters to override her own work.

“These are extraordinary times,” she told Playbook. “At this moment, I’m not so worried about California’s democracy.”

You got a lot of attention for calling for the maps to be redrawn. Can you talk me through your thinking?

First of all, I’ll say that I stand by the maps that the commission drew. They are fair, they are competitive, and those are the kinds of maps that we should have for congressional districts across the nation. We expanded opportunities for Latinos, in particular, to elect their candidates of choice in ways that the Legislature never bothered to do in California. I’m incredibly proud of the work that we did in the largest state in the nation.

That being said, not all of the states are playing by the same set of rules. Certainly, we see the showdown happening in Texas. President Trump has talked about getting the FBI involved to get Democratic members back to the Texas Legislature. These are extraordinary times. At this moment, I’m not so worried about California’s democracy. We have strong democratic institutions here in the state of California, but I’m also a political scientist, and at the national level, what we’ve seen over the last 10 or even 20 years is a backsliding and a decay of our institutions that should worry all of us….

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“Voting Rights and Private Rights of Action: An Empirical Study of Litigation Under Section 2 of the Voting Rights Act, 1982-2024”

Chris Seaman has posted this draft on SSRN (forthcoming, FSU Law Review). Here is the abstract:

The Voting Rights Act is perhaps the most effective civil rights law ever enacted, bringing millions of Americans who have historically been discriminated against into the democratic polity and facilitating the election of candidates of their choice.  But for more than a decade, the rights guaranteed by this landmark statute have been undermined by the courts.  Recently, the Eighth Circuit has eroded what remains of the Act by holding that private plaintiffs cannot sue to enforce the protections of Section 2 in federal court. This holding—which is in conflict with several other circuits, as well as prior Supreme Court decisions regarding implied rights of action to enforce other parts of the Voting Rights Act—seems likely to be reviewed by the Court.

To assess the potential impact of a possible nationwide ban on private plaintiffs bringing Section 2 claims, this Article reports findings from a comprehensive empirical study of over 1500 challenges brought in federal court between 1982 and 2024.  It finds that over 90% of Section 2 challenges were brought by private plaintiffs rather than the Attorney General. Moreover, private plaintiffs were highly successful in these challenges, winning nearly two-thirds of the time.  The Article then explains why, if Section 2 lacks a private cause of action, the federal government is ill-equipped as both a practical and a political matter to fill this gap in enforcement. 

Looking forward to reading this!

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“Republican Party of Texas sets stage to censure members who stepped out of line in likely bid to block them from primary ballot”

Texas Tribune:

The executive committee of the Republican Party of Texas was in Austin on Saturday to finalize its first-ever legislative review, outlining a list of censurable offenses that some within the Texas GOP want to use to block certain House Republicans from the 2026 primary ballot.

Those Republicans, made up of delegates chosen by county parties, want to use the list to hold their elected officials to the state party’s priorities. But others see it as an illegal effort to deny officials from the primary ballot if they don’t follow the most fervent conservative activists’ aims 100% of the time.

Texas GOP Chair Abraham George told The Blast that he and House Speaker Dustin Burrows, who spoke to members of the SREC at a separate meeting with Gov. Greg Abbott earlier Saturday morning, have not discussed the party’s censure effort, a new “accountability” mechanism the state party approved at its 2024 convention. Still, Burrows likely knew the SREC members would be approving a hit list that could be used to keep “RINOs” from the ballot….

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“Midterms are more than a year away, but Trump is already challenging them | Opinion”

Chris Brennan column in USA Today:

They’re building the machine now to meddle in the 2026 midterm elections 15 months from now.

And those machinations are built on two lessons learned from 2020: Attack the election with everything you have before it happens, and stock the Trump administration only with officials who will do exactly what he says on elections, no matter what the law says.

Trump’s team of election deniers, including Attorney General Pam Bondi and FBI Director Kash Patel, represent both of these lessons.

The first they learned in 2020, when they failed while trying to help Trump overturn a free and fair election. It was all so careless and chaotic back then, a dizzying series of unsubstantiated claims and discombobulated news conferences punctuated by judge after judge tossing out Trump’s challenges as meritless.

I was reminded recently of a news conference I attended at Philadelphia’s airport on the day after the 2020 election. Former New York Mayor Rudy Giuliani, then working as Trump’s lawyer doing work that eventually got him disbarred, was the ringmaster for the election deniers that day. And Bondi was right by his side….

Wendy Weiser, vice president for democracy at The Brennan Center for Justice, told me that Trump and his team appear to be building a “pretext” on the false claim of rampant election fraud as justification for their potential meddling in the elections. They’re systematically removing “the brakes” that protect democracy during the voting process, she said.

“They’re taking aim at all of the brakes that applied before. And they’re starting earlier,” Weiser said. “That just shows you he’s laser-focused on interfering in elections here by any means necessary. Bend the rules. Throw out the playbook.”

David Becker, a former Department of Justice lawyer who founded The Center for Election Innovation and Research, has been hosting monthly webinar meetings with hundreds of state election officials since March. Those officials – Republicans and Democrats – have plenty of questions and concerns about the “unprecedented level of federal interference in state election processes,” he told me.

“They’re not sure where all this is leading,” Becker said. “They hear the rhetoric coming out of the White House. They hear the continued false statements about past elections and election security in the United States.”

It’s worth noting here, as Weiser told me, that presidents have no role in running or overseeing elections in America, except for enforcing voting laws passed by Congress. And Becker noted that Congress, now controlled by Trump’s Republican allies, has not authorized the DOJ intrusions into state election systems.

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