All posts by Rick Hasen

“An About-Face on Whether the 14th Amendment Bars Trump From Office”

September 18, 2023, 7:49 amUncategorizedRick Hasen

Adam Liptak NYT column: A little more than a month ago, a law professor who helped found the Federalist Society, the conservative legal group, enthusiastically endorsed a new law review article arguing that Donald J. Trump was ineligible to be… Continue reading

“Mark Meadows’s Testimony in Georgia Case May Have Done Him No Favors”

September 18, 2023, 7:45 amchicaneryRick Hasen

NYT: At issue was whether his actions — as described in the indictment of Mr. Trump, Mr. Meadows and 17 others in Fulton County, Ga., last month — could be considered within the scope of his duties as White House… Continue reading

“Guns and Voting”

September 18, 2023, 7:40 amelection subversion riskRick Hasen

New report from the Brennan Center and Giffords Law Center [corrected]: “To ensure that elections remain peaceful, states must ban guns at places where votes are cast and counted and enact stronger anti-intimidation laws.”

“Moore and Partisan Gerrymandering”

September 18, 2023, 7:38 amredistricting, Supreme CourtRick Hasen

Manoj Mate has posted this draft on SSRN. Here is the abstract: This article examines the impact of the Supreme Court’s recent decision in Moore v. Harper on state partisan gerrymandering. Moore rejected the independent state legislature theory in affirming… Continue reading

“Jan. 6 defendants bring cases to Supreme Court. Here’s what it could mean for Donald Trump”

September 17, 2023, 7:25 pmSupreme CourtRick Hasen

John Fritze for USA Today: Three men involved in the Jan. 6 attack on the U.S. Capitol are asking the Supreme Court to wipe out part of their indictment − and the possibility of an extra 20 years in prison… Continue reading

“The FEC, Still Failing to Enforce Campaign Laws, Heads to Capitol Hill”

September 17, 2023, 7:22 pmcampaign finance, federal election commissionRick Hasen

The latest from the Brennan Center: Ultimately, any system of rules is only as good as the body that enforces them. Most Americans want strong campaign finance rules, which require an FEC committed to enforcing duly enacted laws in a… Continue reading

“A member of the secret panel studying Wisconsin Supreme Court justice’s impeachment backed her rival”

September 15, 2023, 4:01 pmUncategorizedRick Hasen

AP: One of the former Wisconsin Supreme Court justices tapped to investigate impeaching newly elected Justice Janet Protasiewicz for taking Democratic Party money accepted donations from the state Republican Party when he was on the court. The former justice, Republican… Continue reading

“Different Futures For Pennsylvania Elections Collide in November’s Supreme Court Race”

September 15, 2023, 8:40 amjudicial electionsRick Hasen

Bolts: In a decision that landed days before the 2022 midterms, the Pennsylvania Supreme Court ordered elections officials not to count any mail ballots on which a voter had forgotten to include a date or scribbled an incorrect one, even… Continue reading

“Financial Implications of Rising Political Risk in the US”

September 15, 2023, 7:56 amUncategorizedRick Hasen

New at the Harvard Law School Forum on Corporate Governance.

“‘Where’s Celia?’ An Arizona elections official becomes the target of a virtual manhunt by GOP activists on a public records crusade.”

September 15, 2023, 6:56 amchicanery, election administrationRick Hasen

Jen Fifield for Votebeat: They started searching for her in late January. “Where’s CELIA NABOR?” one member of the angry online mob wrote. “Find her,” another wrote. Track her phone, credit cards, social security number, and social media, others… Continue reading

Watch Archived Video of My Conversation with MSNBC’s Nicole Wallace on Our “24 for ’24” Report on Fair and Legitimate Elections in 2024

September 14, 2023, 4:19 pmelection administration, election subversion riskRick Hasen

You can watch the clip here. You can also read the new report: 24 for ’24: Urgent Recommendations in Law, Media, Politics, and Tech for Fair and Legitimate 2024 Elections. Here’s a shorter, clickable part of the MSNBC video.

Wisconsin: “Senate Republicans fire elections chief, setting the stage for a legal fight heading into the 2024 elections”

September 14, 2023, 2:54 pmThe Voting WarsRick Hasen

Milwaukee Journal-Sentinel: Fueled by lingering outrage over the 2020 election within the Wisconsin GOP, Senate Republicans voted Thursday to fire the state’s top election official — a move that catapulted Wisconsin’s election agency into a legal battle over who oversees… Continue reading