All posts by Rick Hasen

“DOJ: Some Jan. 6 defendants should be repaid money they sent to Congress”

April 9, 2025, 7:24 amelection subversion riskRick Hasen

Politico: Jan. 6 defendants whose convictions were wiped out by President Donald Trump are entitled to a refund of restitution payments they made to cover damage to the Capitol, the Justice Department said Tuesday. The department’s determination could result in… Continue reading

I’ll Be Interviewing Elie Mystal About His New Book, “Bad Law” at the UCLA Hammer Museum on April 17

April 9, 2025, 7:16 amUncategorizedRick Hasen

Join us! Event is free and tickets are first come. first served. There is no livestream but a recording will be available after the event.

“Trump Wants Mail Votes to Arrive By Election Day. Red States Are Rushing to Toe the Line.”

April 9, 2025, 7:12 amabsentee ballots, election administration, fraudulent fraud squadRick Hasen

Bolts: Frustrated by slowing mail delivery, particularly in rural areas, the Kansas legislature in 2017 passed a law to let elections officials count mail ballots that arrived after Election Day, for up to three extra days, so long as the… Continue reading

Campaign Legal Center Asks FEC to Clarify Scope of Its Power After Trump Executive Order on the President’s Purported Power over Independent Agencies

April 8, 2025, 1:14 pmfederal election commissionRick Hasen

Creative filing.

DC Circuit Rejects First Amendment Challenge to White House Press Pass Credentialing Policy in Opinion That Requires Policy to Be Applied in Viewpoint Neutral Way (a Holding that Could Help AP)

April 8, 2025, 9:42 amFirst Amendment theoryRick Hasen

I have been following the Ateba case closely, writing about it in From Bloggers in Pajamas to The Gateway Pundit: How Government Entities Do and Should Identify Professional Journalists for Access and Protection, forthcoming in THE FUTURE OF PRESS… Continue reading

Mitch McConnell WSJ Oped: “Trump Gives Democrats a Voting Gift”

April 8, 2025, 9:31 amUncategorizedRick Hasen

Senator McConnell oped: In the near term, Executive Order 14248 will face constitutional scrutiny. That isn’t because the citizenship requirement for participation in elections is unclear but because the delegation of authority over election administration is crystal clear. Elections… Continue reading

“Former Wisconsin justice to give up law license over 2020 election review”

April 8, 2025, 7:08 amchicanery, fraudulent fraud squadRick Hasen

WaPo: A former Wisconsin Supreme Court justice agreed Monday to give up his law license for three years after facing a string of ethics allegations stemming from his error-riddled review of the 2020 election for Republican state lawmakers. In… Continue reading

“Judge rejects state’s effort to overturn Huntington Beach’s voter ID law”

April 8, 2025, 7:06 amUncategorizedRick Hasen

OC Register: An Orange County judge on Monday, April 7, denied the state attorney general’s efforts to overturn Huntington Beach’s voter ID law, saying he disagreed with arguments it would disenfranchise voters in future elections. “There is no showing that… Continue reading

“Justice Dept. Lawyers Are Struggling to Defend Trump’s Policies in Court”

April 8, 2025, 7:04 amDepartment of JusticeRick Hasen

NYT: The Trump administration’s aggressive efforts to enact major elements of its agenda have led to a series of courtroom clashes between increasingly skeptical judges and the beleaguered lawyers responsible for defending the government’s positions, which some have come to… Continue reading

“State Confidence in Elections: Results, Practice, and Legislation”

April 8, 2025, 6:59 amelection administrationRick Hasen

Charles Stewart and Joseph Loffredo have posted this draft on SSRN. Here is the abstract: In recent years, confidence and trust in the American electoral system have drawn the attention of academics, the media, the public, and policymakers. Much of… Continue reading

“Constitutional Limits On Legislative Overrides Of Statutory Initiatives In Ohio”

April 8, 2025, 6:58 amdirect democracyRick Hasen

Derek Clinger has posted this draft on SSRN (forthcoming, Case Western Law Review). Here is the abstract: After Ohioans overwhelmingly approved an initiated statute in 2023 legalizing adult-use marijuana and establishing a regulatory framework for the new commercial industry, state… Continue reading

“Enforcing the Law of Democracy: On the Marine Le Pen Ineligibility Judgment and Its Implications”

April 7, 2025, 4:53 pmcomparative election lawRick Hasen

Camille Aynes and Eleonora Bottini blog: It was a political bombshell. On Monday, 31 March 2025, Marine Le Pen, leader of the far-right party Rassemblement National (National Rally) in France, was convicted of misappropriation of public funds in the so-called… Continue reading

North Carolina Supreme Court Issues Temporary Stay in Griffin Case Over Supreme Court Election

April 7, 2025, 12:25 pmUncategorizedRick Hasen

Court order: BREAKING: NC Supreme Court has temporarily blocked appeals court decision that would've disqualified roughly 267 ballots and required more than 61,000 voters to cure registration/ballot deficiencies within 15 business days in order for their votes to count. Story… Continue reading

“A Reprieve for Democracy: Reading Allen v. Milligan on the Sixtieth Anniversary of the Voting Rights Act”

April 7, 2025, 9:43 amSupreme Court, Voting Rights ActRick Hasen

Deuel Ross has written this fascinating article for the Harvard Civil Rights-Civil Liberties Law Review. Here is the abstract: Voting is an act of faith. Faith that your vote will matter. Faith that your vote will make a difference.… Continue reading

Election Law Blog

The law of politics and the politics of law