All posts by Rick Hasen

“How China Influences Elections in America’s Biggest City”

NYT:

In New York City, social clubs backed by China undermined a congressional candidate who once challenged the regime on Chinese television.

They helped unseat a state senator for attending a banquet with the president of Taiwan.

And they condemned a City Council candidate on social media for supporting Hong Kong democracy.

In the past few years, these organizations have quietly foiled the careers of politicians who opposed China’s authoritarian government while backing others who supported policies of the country’s ruling Communist Party. The groups, many of them tax-exempt nonprofits, have allowed America’s most formidable adversary to influence elections in the country’s largest city, The New York Times found.

The groups are mostly “hometown associations” of people hailing from the same town or province in China. Some have been around for more than a century, while dozens of others have sprung up over the past decade. Like other heritage clubs in a city of immigrants, they welcome newcomers, organize parades and foster social connections.

But many hometown associations have become useful tools of China’s consulate in Midtown Manhattan, according to dozens of group members, politicians and former prosecutors. Some group leaders have family or business in China and fear the consequences of bucking its authority. Consulate officials have enlisted them to intimidate politicians who support Taiwan or cross Beijing’s other red lines. In one case, a Chinese intelligence agent and several hometown leaders targeted the same candidate.

This meddling may seem modest, involving politicians who are unlikely to affect international policy. But China is determined to quash dissent in its diaspora before it spreads back home, said Audrye Wong, a fellow at the American Enterprise Institute who studies Chinese influence.

Beijing is also making a longer bet, she said: “You never know which politician might eventually run for Congress at the national level, or become a presidential candidate.”…

China’s influence machine is one of the world’s most expansive and effective. Over decades, it has harassed exiles in France, bribed academics in Britain and targeted politicians in Canada. It has even built clandestine police stations in dozens of countries to threaten dissidents. Its efforts have been especially potent in New York City, home to 600,000 ethnic Chinese people.

In 2023, the Federal Bureau of Investigation arrested leaders of one group, the America Changle Association, for operating a police station in its clubhouse. Last year, a federal indictment accused a former aide to Gov. Kathy Hochul of conspiring with the heads of two Chinese associations, saying their political activities “were supervised, directed, and controlled” by Chinese officials. And this summer, F.B.I. agents interviewed group leaders in Chinatown about consulate pressure, two leaders said….

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“Plutocratic Democracy, Elon Musk, and the Limits of Campaign Finance Reform”

Guy Charles and Frances Peale have posted this draft on SSRN (forthcoming in  Campaign Finance and the First Amendment, Lee C. Bollinger & Geoffrey R. Stone, Eds., 2025). Here is the abstract:

Politicians appear to be increasingly dependent upon a group of ultra-wealthy elites who not only fund their campaigns but are critical for the functioning of public governance. These ultrawealthy individuals provide the indispensable infrastructure, expertise, and communication that are critical to modern electoral politics. These ultra-wealthy individuals want more than influence, seeking instead to govern even though the voters do not elect them. This chapter describes this process and argues that the campaign finance literature, which is mired in a debate about corruption and equality, is not well-positioned to address this contemporary challenge to representative democracy. The piece refers to this challenge as “plutocratic democracy,” and uses Elon Musk as a case study.

This is an important piece, and is very much in line with my own draft, Faux Campaign Finance Regulation and the Pathway to American Oligarchy (conference paper dated Apr. 24, 2025, draft available, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5229707).

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“District Populations and Partisan Bias”

Barry Burden and Veronica Judson have written this article for Legislative Studies Quarterly. Here is the abstract:

We investigate whether the differing population sizes of legislative districts affect the ability to engage in partisan gerrymandering. We conjecture that larger populations facilitate partisan gerrymandering by providing mapmakers with more “raw material” to manipulate, and this might make such districts less compact. Evidence based on measures of partisan bias, district population, and compactness suggests that more populous districts encourage partisan distortion and do so partly through violations of compactness. Regression analysis of lower and upper chamber state legislative maps shows that more populous districts lead to more partisan bias in maps even after accounting for other aspects of districts and Voting Rights Act requirements that affect how states draw district lines.

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“How the Electoral College Could Tilt Further From Democrats”

NYT:

The year is 2032. Studying the Electoral College map, a Democratic presidential candidate can no longer plan to sweep New Hampshire, Minnesota and the “blue wall” battlegrounds of Michigan, Pennsylvania and Wisconsin and win the White House. A victory in the swing state of Nevada would not help, either.

That is the nightmare scenario many Democratic Party insiders see playing out if current U.S. population projections hold. After every decennial census, like the one coming up in 2030, congressional seats are reallocated among the states based on population shifts. Those seats in turn affect how big a prize each state is within the Electoral College — or how a candidate actually wins the presidency.

In the next decade, the Electoral College will tilt significantly away from Democrats….

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“How California bluffed its way into a redistricting war with Trump”

Politico:

When word got out that Texas might undertake an extraordinary mid-decade redistricting at Donald Trump’s behest, a handful of top California Democratic operatives floated an idea to Rep. Zoe Lofgren: Could California respond in kind?

Lofgren, the chair of California’s 43-member Democratic delegation, consulted in June with a trusted data expert who dismissed it as absurd — a foolhardy end-run around the state’s popular redistricting panel with no guarantee of yielding enough blue seats to fully offset Texas. Deterred by those misgivings, California Democrats instead spent weeks putting up a front, dangling the threat of a countermove without making any real plans to do so.

“It seemed to me worth a bluff,” Lofgren said. “If the Texans and Trump thought they’d go through all of this and they’d end up not gaining anything, maybe they would stop.”

“But they didn’t stop,” she added. “They just doubled down.”

So did California Democrats, especially Gov. Gavin Newsom. In a matter of weeks, they bluffed themselves into the marquee political contest of Trump’s second term, a high-voltage fight to shape the outcome of the 2026 midterms and the remaining years of his presidency.

“It got very real, very fast,” recounted Newsom, whose provocative podcast appearances and social media posturing lit the fuse for this slapdash effort — and positioned him as a de facto leader of the opposition party in advance of his likely 2028 White House run.

Texas Republicans approved a gerrymandered map early Saturday morning.

POLITICO spoke with nearly 50 people involved with the California effort, including lawmakers, political operatives, staffers and redistricting wonks. Many were granted anonymity to share details of private deliberations of the tightly-guarded process, which spanned multiple states and levels of government. Together, they paint a picture of a showdown propelled not by painstaking deliberations but by its own self-generating momentum and the opportunity for a rudderless Democratic party to remake itself as a political street brawler….

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“A Texas County Cuts Over 100 Polling Sites as Trump Attacks Mail-In Voting Nationally”

Pro Publica:

Officials in a large North Texas county decided this week to cut more than 100 Election Day polling sites and reduce the number of early voting locations, amid growing concern about GOP efforts to limit voting access ahead of next year’s midterm elections.

The 3-2 vote on Tuesday by commissioners in Tarrant County, which includes Fort Worth, came one day after President Donald Trump vowed to end the use of mail-in ballots. The president lacks the unilateral power to decide how individual states run elections, but his declaration speaks to long-brewing and unfounded claims by some conservatives that the country’s electoral system is insecure and vulnerable to widespread fraud. Trump has repeatedly and falsely asserted that he won the 2020 presidential election instead of Joe Biden.

Tarrant County Judge Tim O’Hare, who heads up the commissioners court, has also raised numerous questions about the security of local elections, helping to launch an electoral integrity unit in the county after he became judge in 2022. As of last summer, however, the unit had received fewer than 100 allegations of voter fraud. He and fellow Republican commissioners also cut funding to provide free bus rides to the polls for low-income residents. “I don’t believe it’s the county government’s responsibility to try to get more people out to the polls,” O’Hare said at the time. And commissioners prohibited outside organizations from registering voters inside county buildings after Tarrant County GOP leaders raised concerns about what they said were left-leaning groups holding registration drives. (ProPublica and The Texas Tribune have previously written about O’Hare’s political influence in North Texas.)

On Tuesday, O’Hare voted with the two Republican commissioners on the court to reduce the number of polling sites in the county to 216, down from 331 in 2023. The decision also cut down the number of early voting sites.

County officials said the move was to save money, as they historically see low voter turnout in nonpresidential elections.

Throughout the meeting, O’Hare repeatedly emphasized that the cuts were intended to make the election more efficient. He argued that both the switch to county-wide voting in 2019, which allows voters to cast a ballot at any polling site in the county, and the expected low turnout made the cuts appropriate….

This is not the first time Tarrant County has been at the forefront of changing political headwinds. Earlier this summer, the commissioners, led by O’Hare, voted along party lines to redraw the county precincts; such changes usually happen after the decennial census rather than in the middle of the decade. O’Hare admitted the goal of the redrawn maps was to favor Republican candidates.

“This is about Republican versus Democrat, period,” O’Hare told Dallas television station WFAA ahead of the commissioners’ June 3 vote. “If it passes with one of the maps that I would want to see pass, it’s a very strong likelihood that we will have three Republicans on the Commissioners Court.”…

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“Reframing Jan. 6: After the Pardons, the Purge”

NYT:

The lawyer took the elevator 32 floors to the U.S. attorney’s office, where for eight years he had worked as a highly regarded prosecutor. He had a container of homemade chocolate chip cookies to share and some thoughts to keep to himself.

“You have to be polite,” the lawyer, Michael Gordon, explained as the elevator rose. “But I don’t want to minimize it, or make it seem like everything’s OK. It’s not.”

Mr. Gordon was heading up on this steaming late July day in Tampa, Fla., to collect his things and say goodbye. Three weeks earlier, and just two days after receiving yet another outstanding performance review, he had been interviewing a witness online when a grim-faced colleague interrupted to hand him a letter. It said he was being “removed from federal service effective immediately” — as in, now.

Although the brief letter, signed by Attorney General Pam Bondi, provided no justification, Mr. Gordon knew the likely reason: Jan. 6, 2021.

He was being fired for successfully prosecuting people who had stormed the United States Capitol that day — assaulting police officers, vandalizing a national landmark and disrupting that sacrosanct moment in a democracy, the transfer of presidential power.

He was being fired for doing his job.

The letter did more than inform Mr. Gordon, a 47-year-old father of two, that he was unemployed. It confirmed for him his view that the Justice Department he had been honored to work for was now helping to whitewash a traumatic event in American history, supporting President Trump’s reframing of its violence as patriotic — and those who had prosecuted rioters in the name of justice as villains, perhaps even traitors….

In the seven months since Mr. Trump, newly returned to the White House, granted clemency to nearly 1,600 people charged in the largest criminal investigation in Justice Department history, his administration has turned the agency upside down….

To date, the Justice Department has fired or demoted more than two dozen prosecutors who were assigned to hold the rioters accountable — roughly a quarter of the complement. Some were junior prosecutors, like Sara Levine, who had secured a guilty plea from a rioter who had grabbed a police officer. Others were veterans, including Greg Rosen, who had led the department’s Jan. 6 task force. Scores more prosecutors, involved in these and other cases, have left, either in fear of where the ax might next fall or out of sheer disgust.

The Justice Department declined to comment for this article, but a White House spokesman, Harrison Fields, described the agency during the Biden administration as “a cabal of anti-Trump sycophants” engaged in a “relentless pursuit to throw the book at President Trump and his allies.” By “uprooting the foot soldiers,” Mr. Fields added, Mr. Trump’s attorney general, Ms. Bondi, “is restoring the integrity of the department.”

And so Mr. Gordon. As the elevator climbed, he braced himself. In an interview the day before, he had talked about what had happened to him and many of his colleagues from the Justice Department’s once-vital and now-defunct Capitol Siege Section. Disbelief colored his every word.

“When you stand up in court and say, ‘Mike Gordon for the United States,’ you don’t say, ‘Mike Gordon for Donald Trump,’” he had said, adding: “I’m standing up there, and I’m speaking for the government. For all the people of the country.”…

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“Red vs. Blue: Who’s Next in the Redistricting Fight”

WSJ:

While both Texas and California are seeking to flip five seats, other states have fewer seats to target. Shawn Donahue, a political-science professor at the University at Buffalo, predicts Republicans would pick up four to six of House seats nationwide if a tit-for-tat redistricting fight were to break out. They currently have a 219-212 majority.

“If it’s a real dogfight for control of the House in 2026, that could make the difference,” he said….

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Bart Gellman: “Trump’s Stunning Power Grab on Elections”

NYT oped:

To begin with, the surprise announcement and the sudden, if ambiguous, turnabout suggested once again that Mr. Trump is governing in his second term without advisers who can or even try to help him discipline his impulses. The episode exposes, as well, his renewed obsession with exerting control over election machinery. And it offers a vivid glimpse of his inclination to regard his powers as all but limitless.

No competent lawyer could have counseled Mr. Trump in good faith that “the States are merely an ‘agent’ for the Federal Government in counting and tabulating the votes,” as the president asserted in his post. Nor would such a lawyer have dreamed of advising him that state election officials “must do what the Federal Government, as represented by the President of the United States, tells them, FOR THE GOOD OF OUR COUNTRY, to do.”

Who, if anyone, told Mr. Trump that he could take command of state elections this way? Possibly he made up the authority himself. Some former Trump staff members believe he may not engage at all with questions about whether something he wants to do is lawful or something he wants to say is true. Those questions, they tell me, do not even occur to him.

Others who have worked for Mr. Trump say he seems to believe sincerely, if that is the word for it, that anything is permitted to him. Still others insist that he knows very well when he is crossing a line but presses on until obliged by an opposing force to stop.

Whatever the origins, Mr. Trump has now staked out a fundamentally illegitimate claim to authority over the conduct of American elections. He has yet to repudiate it. If he continues to press the claim, then the foundational mechanisms of our democracy may be in genuine danger. It is more than hypothetically possible that Mr. Trump, when frustrated, will try to compel the obedience of state election officials by throwing the weight of the executive branch against them.

Mr. Trump’s deployment of the National Guard in Washington and active duty Marines in Los Angeles, accompanied by threats that he might do the same in other Democratic urban strongholds, suggests another risk. Could he use some pretext to take control of voting machinery? If he dispatches troops or federal law enforcement agents to disrupt blue-city voting or ballot counting in swing states — Atlanta, say, or Milwaukee or Philadelphia — the midterm elections could be in real peril.

With or without the deployment of force, Mr. Trump’s fusillade of baseless claims about election fraud shakes public confidence in the integrity of the vote — and provides excuses for his dishonest efforts to delegitimize the outcomes. For all his political life, he has waged war against the proposition that he or his party could ever lose a legitimate election. He and his allies are preparing the ground for their next battle, in 2026….

Bart concludes with a note very consistent with my NYT oped on this topic earlier this week:

The ultimate safeguard of constitutional government is the great mass of citizen voters who decide by the tens of millions what kind of government they want. We hold the power, whatever our partisan preferences, to defend checks and balances and the rule of law. We cannot lose that power unless we surrender it.

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“Florida election law dealt blow as judge rules noncitizen petition ban unconstitutional”

Florida Politics:

In a victory for immigrants and advocacy groups, a federal judge has provisionally blocked enforcement of a Florida elections law that prohibited noncitizens from collecting signatures for citizen-led ballot initiatives.

U.S. District Judge Mark Walker, in a 28-page ruling, temporarily struck down part of a controversial measure Republicans pushed to passage this year (HB 1205) that empowered state officials to enforce citizenship requirements on ballot initiative collectors.

Walker’s decision, a preliminary injunction order, stops Florida’s 20 State Attorneys from prosecuting Smart & Safe Florida, the organization behind last year’s failed Amendment 3 effort to legalize recreational cannabis, and its non-resident petition circulators.

Essentially, Smart & Safe’s hundreds of non-resident workers can resume collecting signatures for its current cannabis legalization ballot initiative without fear of criminal charges.

The Thursday ruling also blocked enforcement of the citizenship ban against Washington-based nonprofit Poder Latinx, the organization’s noncitizen members and two lawful permanent residents, Yivian Lopez Garcia and Humberto Orjuela Prieto….

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