All posts by Rick Hasen

Pennsylvania Supreme Court, on 4-3 Vote, Kicks on Technical Grounds Suit to Try to Get Undated and Misdated But Timely Mail-In Ballots Counted

September 13, 2024, 1:34 pmUncategorizedRick Hasen

I had been flagging this case as a potential first U.S. Supreme Court test for the independent state legislature theory post-Moore v. Harper. But the PA Supreme Court rejected the case because the plaintiffs did not sue all of Pennsylvania’s… Continue reading

“How Trump is relying on a racist conspiracy theory to question election results”

September 13, 2024, 10:19 amUncategorizedRick Hasen

NPR reports.

“Connecticut Ballot Measure Could Make Voting More Inclusive”

September 13, 2024, 9:37 amabsentee ballots, voters with disabilitiesRick Hasen

Bolts: In 2020, as the world grappled with a deadly global pandemic, Connecticut officials lifted restrictions limiting who can vote by mail, allowing every citizen in the state to obtain an absentee ballot. The results were historic: More than… Continue reading

“Harris or Trump? Once Again, Election Results Could Take a While.”

September 13, 2024, 7:16 amelection administration, election subversion riskRick Hasen

NYT: The hosts of election night parties may want to book a room for more than just one night. For the second straight presidential election, it is becoming increasingly likely that there will be no clear and immediate winner on… Continue reading

“Bipartisan group of lawmakers signs pledge to certify 2024 election results”

September 13, 2024, 6:50 amUncategorizedRick Hasen

Politico: More than 30 House members, including a half-dozen Republicans, have signed a bipartisan pledge to uphold the results of the 2024 election amid an increased focus on Congress’ role in certifying the tally next January. A pair of House… Continue reading

“National Popular Vote plan challenges undemocratic electoral college”

September 13, 2024, 6:47 amelectoral collegeRick Hasen

Joe Davidson column: Unless blocked by the courts, the National Popular Vote would take effect when states with electoral votes totaling at least 270 — the number needed for victory — agree to participate. That’s just over half of… Continue reading

“In blow to Newsmax, judge rules Smartmatic’s case over 2020 election lies will go to trial this month”

September 13, 2024, 6:39 amfraudulent fraud squadRick Hasen

Marshall Cohen for CNN: A major defamation case against Newsmax will proceed to trial later this month, a judge ruled Thursday, dealing a blow to the right-wing network and setting the stage for the 2020 election to be relitigated during… Continue reading

“Fears mount that election deniers could disrupt vote count in US swing states”

September 13, 2024, 6:38 amelection administration, election subversion risk, The Voting WarsRick Hasen

Ed Pilkington in The Guardian: Fears are rising that the vote count in November’s presidential election could be disrupted as a result of the proliferation of Donald Trump’s lies about stolen elections and rampant voter fraud in the key swing… Continue reading

“Judge narrows election interference case against Trump in Georgia”

September 12, 2024, 1:46 pmUncategorizedRick Hasen

NBC News: he judge in the election interference case against Donald Trump and several co-defendants in Georgia has thrown out three counts in the indictment — including two counts brought against the former president. The original 41-count indictment accused Trump… Continue reading

“Rich Bernstein: Trump Had 2020 Court Challenges Rejected ‘On the Merits'”

September 12, 2024, 11:13 amelection subversion riskRick Hasen

At Society for the Rule of Law: At Tuesday’s debate, Donald Trump stated that his side lost the court cases brought to overturn the 2020 election results solely on the technicality of standing: “They said we didn’t have standing. A… Continue reading

“14 pro-Trump electors linked to efforts to reverse his 2020 loss are back for 2024”

September 12, 2024, 9:57 amelection subversion risk, electoral collegeRick Hasen

NPR reports.

“Sweeping Section Three under the Rug: A Comment on Trump v. Anderson”

September 12, 2024, 8:32 amelection subversion risk, legislation and legislatures, Supreme CourtRick Hasen

William Baude and Michael Stokes Paulsen have posted this draft on SSRN (forthcoming Harvard Law Review). Here is the abstract: In Trump v. Anderson, the Supreme Court was confronted with the explosive question of whether former President Donald Trump was constitutionally… Continue reading

“Purcell Principles for States Courts”

September 12, 2024, 8:04 amelection administration, Supreme CourtRick Hasen

Robert Yablon and Derek Clinger have posted this draft on SSRN (forthcoming, Wisconsin Law Review). Here is the abstract: In recent years, the U.S. Supreme Court has stressed that federal courts ordinarily should not issue remedies, such as preliminary injunctions,… Continue reading

“Georgia’s presidential ballot could include some disqualified candidates”

September 12, 2024, 6:52 amballot accessRick Hasen

AJC: A pair of court rulings in the span of a few hours disqualified two longshot candidates from Georgia’s presidential race. In a twist, though, both could still appear on the ballot in this battleground state. In separate rulings on… Continue reading