All posts by Rick Hasen

Federal Court Rejects on Standing Grounds Michigan Legislators Suit Against Voting Initiatives Premised on Embrace of Rejected ISLT Theory

April 11, 2024, 6:51 amlegislation and legislaturesRick Hasen

You can read the decision at this link. Here was my initial coverage: Michigan GOP Lawmakers Appear to Rely on Rejected Version of Independent State Legislature Theory to Attack Recent Voting Laws Passed by Initiative October 2, 2023, … Continue reading

“Why Criminal Recordkeeping Laws Are Justified, Including in the Case Against Trump”

April 11, 2024, 6:45 amUncategorizedRick Hasen

Andrew Jennings blogs: The People v. Donald J. Trump invites a deeper consideration of the normative and pragmatic bases for criminalizing recordkeeping-related conduct. In a new article, I observe that recordkeeping crimes are more than mere foot faults… Continue reading

“Fueling the FIRE: Responses to Richard Hasen on how the government should identify professional journalists for access and protection”

April 11, 2024, 6:38 amFirst Amendment theoryRick Hasen

Ron Collins for First Amendment News: Last week, I posted excerpts from Professor Richard Hasen’s essay on how the government might best identify professional journalists for access to government events, as well as the related protections afforded to journalists.… Continue reading

“Barcodes on paper ballots: the good, the bad, and the stealth”

April 10, 2024, 12:34 pmvoting technologyRick Hasen

Andrew Appel blogs.

Watch Archived Video of Safeguarding Democracy Project Webinar, “Race and the Risk of Election Subversion”

April 10, 2024, 12:28 pmelection subversion riskRick Hasen

You can watch this important conversation with Sophia Lin Lakin (ACLU), Spencer Overton (George Washington University Law School), and Sonni Waknin (UCLA Voting Rights Project), moderated by me, at this link. See also Spencer Overton’s comments on the panel… Continue reading

“Trump Allies Have a Plan to Hurt Biden’s Chances: Elevate Outsider Candidates”

April 10, 2024, 7:49 amthird partiesRick Hasen

NYT: Allies of Donald J. Trump are discussing ways to elevate third-party candidates in battleground states to divert votes away from President Biden, along with other covert tactics to diminish Democratic votes. They plan to promote the independent candidate Robert… Continue reading

“Content creators ask Meta to reverse politics limits on Instagram, Threads”

April 10, 2024, 7:47 amcheap speechRick Hasen

Taylor Lorenz for WaPo: Hundreds of political and news content creators, along with activists, meme account administrators and journalists, have signed an open letter to Meta asking the company to reverse its decision to limit the reach of accounts posting… Continue reading

“Why Trump’s ‘hush money’ case is bigger than hush money; The judge indicates that this might be another case of election interference. Could it have affected the outcome?”

April 10, 2024, 7:44 amUncategorizedRick Hasen

Aaron Blake for WaPo: But that last shorthand might not be totally apt, if a Monday letter from the judge in the case is any measure. Indeed, New York Supreme Court Justice Juan Merchan seems to indicate that what we… Continue reading

Travis Crum: “Originalism, Lived Experience, and the Twenty-Sixth Amendment”

April 10, 2024, 7:41 amvotingRick Hasen

The following is a guest post from Travis Crum: Next week, the Supreme Court will consider whether to grant cert in Cascino v. Nelson. The question presented in Cascino is whether Texas’s law allowing any voter who is… Continue reading

Why Is California Preregistration of 17-year-olds So They Are Ready to Vote at Age 18 Stuck at a Low 15% Despite “Automatic Voter Registration?”

April 10, 2024, 7:39 amvoter registrationRick Hasen

Laura Brill and Lisa Cohen explain that not all “automatic voter registration” is the same.

Speaking on April 21 Panel at the L.A. Times Book Festival on My New Book, “A Real Right to Vote”

April 10, 2024, 7:34 amReal Right to VoteRick Hasen

Looking forward to this conversation: By the People, For the People: Conversations on Safeguarding Democracy – Tickets Required Town and Gown Sunday, Apr 21 1:30 PM – 2:30 PM Event Description Sometimes it’s hard to tell if it’s normal for… Continue reading

Ned Foley Blogging the Weeks of April 15 and April 22

April 10, 2024, 7:30 amUncategorizedRick Hasen

As we get closer to the end of the spring semester and into the summer, ELB contributors will be taking one or two week stints as ELB primary bloggers. This gives me a chance to get a bit of a… Continue reading

“Alabama secretary of state says Democratic convention too late to get Biden on ballot this fall”

April 10, 2024, 7:29 amballot accessRick Hasen

Al.com: Alabama Secretary of State Wes Allen has notified the state and national Democratic parties that the scheduled date of the Democratic National Convention is a few days after the deadline for the party to put its nominees for president… Continue reading

“At least 104 Southern California voters mailed their ballots on time. They weren’t counted”

April 9, 2024, 4:41 pmUncategorizedRick Hasen

Press Enterprise: On or before the March 5 primary, 104 voters in Orange, Riverside and San Bernardino counties mailed their ballots. Legally, those ballots should have been counted, barring a problem like a ballot envelope signature not matching… Continue reading

Election Law Blog

The law of politics and the politics of law