All posts by Rick Hasen

Breaking: DC Circuit Decides Case About “Obstruct[ing]” “Official Proceedings” with Major Implications for Prosecution of January 6 Rioters for Invading U.S. Capitol, and Potentially Trump

April 7, 2023, 9:11 amelection subversion risk, legislation and legislatures, Supreme CourtRick Hasen

A divided three-judge panel of the D.C. Circuit, siding with almost all of the district court decisions considering the question, has held that some of those who invaded the U.S. Capitol on January 6, 2021 could be charged under a… Continue reading

“1A Remaking America: Safeguarding free and fair elections ahead of 2024”

April 6, 2023, 11:59 amUncategorizedRick Hasen

I was pleased to speak to 1A, along with Carrie Levine and John Merrill.

Ambrogi and Senecal: “Voter Registration Systems Need Both Access & Security – How ERIC Helps State Government Strike the Balance”

April 6, 2023, 11:50 amelection administration, voter registrationRick Hasen

The following is a guest post by Adam Ambrogi and Jeanette Senecal: Much debate over election administration in the last 20 years has focused on the balance between access and security. Imagine every election policy on a spectrum —from… Continue reading

Watch Archived Video of the Final Safeguarding Democracy Project Webinar of the Semester, “Confronting the Insider Threat on Election Security and Protecting Election Officials” with Judd Choate and Liz Howard

April 5, 2023, 10:52 amelection administration, election subversion riskRick Hasen

Great conversation (and here’s the slide deck):

Wisconsin: “Dan Kelly calls Wisconsin Supreme Court winner Janet Protasiewicz a ‘serial liar’ as he lashes out in his concession speech”

April 5, 2023, 7:39 amjudicial electionsRick Hasen

Milwaukee Journal-Sentinel: Former Wisconsin Supreme Court Justice Dan Kelly lost his race against Milwaukee County Judge Janet Protasiewicz by at least 10 percentage points Tuesday but refused to call his opponent to concede, instead choosing to lash out against her… Continue reading

“Donald Trump Probably Should Not Have Been Charged With (This) Felony”

April 4, 2023, 2:59 pmUncategorizedRick Hasen

I have written this piece for Slate: Based on what I have seen so far, the decision to charge Donald Trump with felonies in New York state is a mistake both legally and politically. First, the legal problems. Back… Continue reading

Top Recent Downloads in Election Law on SSRN

April 4, 2023, 9:27 amUncategorizedRick Hasen

Here: RankPaperDownloads1.The Unabridged Fifteenth Amendment Travis CrumWashington University in St. Louis–School of LawDate Posted: 22 Mar 2023Last Revised: 22 Mar 20232762.Nonprofit Law as the Tool to Kill What Remains of Campaign Finance Law: Reluctant Lessons from Ellen Aprill… Continue reading

“No Labels group raises alarms with third-party presidential preparations”

April 2, 2023, 11:52 amballot access, third partiesRick Hasen

WaPo: Former senator Joe Lieberman knows better than most the impact third-party bids can have on presidential elections. His 2000 Democratic campaign for vice president fell just 537 Florida votes short of victory, in a state where Ralph Nader, the… Continue reading

“Republicans push for stricter election laws, despite scant proof of fraud”

April 2, 2023, 11:48 amfraudulent fraud squad, The Voting WarsRick Hasen

WaPo: More than two years after the 2020 presidential election, Republicans in GOP-controlled legislatures are continuing to push totighten voting laws and the rules for election administration,despite the lack of evidence for Donald Trump’s claim that widespread fraud tainted his… Continue reading

“Trump Indictment Is a Perversion of Campaign-Finance Law”

April 2, 2023, 11:45 amUncategorizedRick Hasen

Brad Smith WSJ oped: Candidates with substantial business interests, such as Mr. Trump, will frequently find themselves facing lawsuits—some merited, some not. If such a candidate were to instruct his company’s legal counsel to settle them, the settlement payments… Continue reading

Videos from Brennan Center Symposium on Amending the Constitution and Article V Now Available

March 31, 2023, 2:04 pmConstitutional Right to VoteRick Hasen

Great lineup of folks here.

“Fiction vs Reality: My Texts with Michael Shellenberger”

March 31, 2023, 2:02 pmcheap speech, chicanery, fraudulent fraud squadRick Hasen

Renee DiResta: For several months earlier this year, I’d been chatting with Michael Shellenberger about the Twitter Files. He’d reached out to me in a Twitter DM on December 30th, telling me he wanted to better understand social media content… Continue reading

In Dominion Defamation Suit Against Fox News, Trial Court Grants Partial Summary Judgment on Falsity of Fox Statements About Election, Leaving Open Issues of Actual Malice, Corporate Responsibility, and Damages

March 31, 2023, 1:59 pmfraudulent fraud squadRick Hasen

This is quite a loss for Fox, depriving them of the chance to raise all kinds of legal and factual issues. See the 130-page opinion: Through its extensive proof, Dominion has met its burden of showing there is no… Continue reading

“Social Media Influencer Douglass Mackey Convicted of Election Interference in 2016 Presidential Race”

March 31, 2023, 1:54 pmcheap speechRick Hasen

DOJ Release: Douglass Mackey, also known as “Ricky Vaughn,” was convicted today by a federal jury in Brooklyn of the charge of Conspiracy Against Rights stemming from his scheme to deprive individuals of their constitutional right to vote. The verdict… Continue reading