All posts by Rick Hasen

Pennsylvania Republicans, in Jones Day Petition, Try Again to Get U.S. Supreme Court Interested in Second Guessing State Election Law Decisions Through Independent State Legislature Theory

February 4, 2025, 1:32 pmlegislation and legislatures, Supreme CourtRick Hasen

SCOTUS recently passed on taking up a case out of Montana, but Pennsylvania Republicans are trying again, with this cert petition involving a PA Supreme Court ruling allowing under state law those voters who filed a technically defective mail-in ballot… Continue reading

“Originalism, Election Law, and Democratic Self-Government”

February 4, 2025, 8:33 amSupreme Court, theoryRick Hasen

Joshua Sellers has posted this draft on SSRN (forthcoming, Florida Law Review). Here is the abstract: Originalism has a democracy problem. Among prevailing theories of constitutional interpretation–pragmatism, common-law constitutionalism, popular constitutionalism, and Elysian representation-reinforcement–originalism uniquely creates a legal environment in… Continue reading

UCI 2025 Forum for the Academy and the Public: “Facts Under Fire: Reporting in Impossible Times” on Feb. 7-8

February 4, 2025, 8:29 amcheap speechRick Hasen

I’m very much looking forward to participating in a panel on the 2024 U.S. elections at this event, with a terrific lineup, at UCI this Friday and Saturday.

“Jeffries Works With N.Y. Democrats to Weaken G.O.P. Control of the House”

February 4, 2025, 6:47 amchicaneryRick Hasen

NYT: When Albany Democrats began discussing a rewrite of New York’s special election law in recent days, seemingly out of the blue, they framed it publicly as a matter of good governance. But behind the scenes, their motivation was far… Continue reading

“DOGE’s access to federal data is ‘an absolute nightmare,’ legal experts warn”

February 4, 2025, 6:44 amauthoritarian threats in USRick Hasen

Politico: Elon Musk’s headlong rush to take control of crucial federal agencies and functions — and to dismantle some of them virtually overnight — has stoked widespread alarm in Washington about the aims of his Donald Trump-backed mission. The opaque… Continue reading

“The guy overseeing USAID was identified two years ago as a Jan. 6 participant who entered the Capitol through a broken window.”

February 3, 2025, 4:42 pmauthoritarian threats in USRick Hasen

Ryan Reilly (full NBC News story)

“Inside Musk’s Aggressive Incursion Into the Federal Government”

February 3, 2025, 4:24 pmauthoritarian threats in USRick Hasen

NYT: In Elon Musk’s first two weeks in government, his lieutenants gained access to closely held financial and data systems, casting aside career officials who warned that they were defying protocols. They moved swiftly to shutter specific programs — and… Continue reading

“REPORT: ERN’s Groundbreaking Report Identifies Partisan Abuses of Ballot Initiatives and Proposes Nonpartisan Solutions”

February 3, 2025, 4:22 pmdirect democracyRick Hasen

Release: A groundbreaking new report from the Election Reformers Network (ERN) shows how state legislatures and elected officials have manipulated the ballot initiative process to stymie the will of voters in many states across the country. The report, Partisan Control … Continue reading

February 13 Safeguarding Democracy Project Webinar: “Finding Common Ground on Modernizing Voter Registration”

February 3, 2025, 10:16 amelection administration, voter registrationRick Hasen

Very much looking forward to moderating this online event on February 13 at 12:15 pm PT. Free registration required. Christina Adkins, Director of Elections, Texas Secretary of State’s Office, Judd Choate, Director of Elections in Colorado, and Charles H. Stewart… Continue reading

Will Mitch McConnell Save America from the SAVE Act?

February 3, 2025, 7:49 amelection administration, fraudulent fraud squad, The Voting Wars, voter registrationRick Hasen

Votebeat: Lane, one of four congressional staff members on the panel, said the SAVE Act will be a priority for the House this time. He acknowledged a push to consider what a voter identification requirement would look like and… Continue reading

“Arizona officials struggle to straighten out voter rolls after proof-of-citizenship mixup”

February 3, 2025, 7:47 amelection administrationRick Hasen

Votebeat: Because of a 20-year-old government foul-up, about 200,000 Arizona voters will need to come up with proof of their citizenship soon in order to protect their full voting rights, and they might not even know about it yet. County… Continue reading

“Key Trump Cabinet members refuse to acknowledge Trump lost in 2020”

February 3, 2025, 7:42 amelection subversion risk, fraudulent fraud squadRick Hasen

WaPo: Two of President Donald Trump’s top law enforcement nominees have been taking a new tack when talking about the 2020 presidential election: They’re not claiming Trump won that year, but they’re not saying he lost either. Joe Biden was… Continue reading

“Coups and Punishment in the Constitutional Order”

February 3, 2025, 7:30 amelection subversion riskRick Hasen

Anthony Kreis has posted this draft on SSRN (forthcoming, Wisconsin Law Review). Here is the abstract: This article examines the historical and constitutional foundations of an anti-coup principle in the United States, emphasizing how state-level prosecutions deter and can appropriately… Continue reading

“Elon Musk’s Team Now Has Access to Treasury’s Payments System”

February 2, 2025, 7:46 amauthoritarian threats in USRick Hasen

NYT: Treasury Secretary Scott Bessent gave representatives of the so-called Department of Government Efficiency access to the federal payment system late on Friday, according to five people familiar with the change, handing Elon Musk and the team he is leading… Continue reading