The Star Tribune reports. … Continue reading
Category Archives: Uncategorized
Last night I linked to a story in the San Francisco Chronicle “Cash-rich, Uber-backed Prop. 22 campaign scrimps on postage.” The article starts: “Proposition 22, the ballot measure to exempt Uber and Lyft drivers and other gig workers from being … Continue reading
Alana Abramson for Time. … Continue reading
My thread starts here: If you step back for a moment it is simply astounding to me that so many are working so hard to make it more difficult for people to vote. During a pandemic. Unreal.— Rick Hasen (@rickhasen) … Continue reading
SF Chronicle: Proposition 22, the ballot measure to exempt Uber and Lyft drivers and other gig workers from being employees, got a nonprofit postal permit for its deluge of glossy mailers, allowing it to save millions on postage. U.S. Postal … Continue reading
St. Louis Post-Dispatch oped: The 14th Amendment’s Equal Protection Clause mandates that state legislative districts have substantially equal populations. And today, every state uses total population as the baseline for drawing their legislative districts.Supporters of Amendment 3 on the Nov. … Continue reading
CNN: Director of National Intelligence John Ratcliffe said Wednesday both Iran and Russia have obtained US voter registration information in an effort to interfere in the election, including Iran posing as the far-right group Proud Boys to send intimidating emails to voters.“This data … Continue reading
WaPo: The U.S. government has concluded that Iran is behind a series of threatening emails arriving this week in the inboxes of Democratic voters, according to two U.S. officials.Department of Homeland Security officials told state and local election administrators on … Continue reading
Nate and Charles at Slate: Americans need to be prepared for the possibility of experiencing a roller coaster ride as the votes are counted, especially in the first couple of hours after the polls close. Counties will be reporting partial … Continue reading
In the event that there’s unified Democratic government in Washington next year, electoral reform is likely to be high on the agenda. Debates about such reform revolve around not just its policy merits but also its constitutionality. In that vein, … Continue reading
Votebeat reports. … Continue reading
Kara Swisher talks to Trevor Potter for the NYT “Sway” Podcast. … Continue reading
Release: Latino civic engagement organization Mi Familia Vota Education Fund and several voters today filed a lawsuit against President Trump and members of the administration in the U.S. District Court for the District of Columbia. The lawsuit, which names President … Continue reading
Josh Douglas and Michael Zilis in Politico. … Continue reading
WaPo: During a pro-Trump rally earlier this month in Nevada City, Calif., enthusiastic supporters in cars and trucks crowded into the parking lot of the county government center.As many as 300 people played music, cheered and called out through a … Continue reading
Wow. … Continue reading
This is why Michigan SOS Benson is urging the personal return of absentee ballots via drop boxes or clerk’s offices. … Continue reading
Watch here: … Continue reading
I’m a member of this Task Force and we have just released our legal analysis and report on these election issues. The other members of the task force are James A. Gardner, Deborah Pearlstein, Shugerman, Ava B. Ayers, Wilfred U. … Continue reading
This Vox story, titled “Silicon Valley megadonors unleash a last-minute, $100 million barrage of ads against Trump,” is intriguing on several fronts — not just for the massive amount invovled. Our campaign-finance laws were written before the digital age took … Continue reading
The sharply divided CA 4 en banc decision also illustrates what a mess trying to apply the Purcell “doctrine” can be. Purcell cautions federal courts against changing the status quo in election cases too close to the election. It’s probably … Continue reading
After having just divided 4-4 on the PA case, which centered on the “independent legislature” constitutional issue, the Court might soon be faced with that issue yet again. The en banc 4th Circuit split yesterday on precisely this issue — … Continue reading
NYT: Elliott Broidy, a former top fund-raiser for President Trump, pleaded guilty on Tuesday to conspiring to violate foreign lobbying laws as part of a covert campaign to influence the administration on behalf of Chinese and Malaysian interests.Mr. Broidy, 63, … Continue reading
NYT: Though young Americans typically vote at lower rates than the electorate does as a whole, the race in Michigan’s Eighth District isn’t the only one where their absence could have an impact. David Wasserman, the House editor at the Cook … Continue reading
WaPo: A poll worker in Memphis was fired last week after interfering with early voters who wore T-shirts and masks with slogans supporting Black Lives Matter, according to a Shelby County election official.Details about the incident remained unclear Tuesday, including … Continue reading
USA Today reports. … Continue reading
You can watch here. … Continue reading
Charles Stewart for WBUR: These are the types of scenarios that have convinced many people that Biden has no chance of winning, regardless of what happens with the voting.However, there are two fundamental flaws beneath all this breathless scenario-building. The … Continue reading
WaPo reports. … Continue reading
RSVP required. … Continue reading
AP: President Donald Trump on Tuesday called on Attorney General William Barr to immediately launch an investigation of Democrat Joe Biden and his son Hunter, effectively demanding that the Justice Department muddy his political opponent and abandon its historic resistance … Continue reading
NPR reports. … Continue reading
Oped in the Wisconsin State Journal. … Continue reading
That’s the title CNN put on my piece on the Supreme Court’s decision in the PA case. I’ll keep the excerpt short, since most readers here will already understand much of the background: In the most important pre-election case this … Continue reading
NYT reports. … Continue reading
NYT reports. … Continue reading
LA Times reports. … Continue reading
Order here: Here, the strength of the final three factors of the stay analysis outweigh any probability of defendants’ success on the merits. Partly from defendants’ own doing, the electoral calendar works against their request for a stay of the … Continue reading
Event today at USC: The 2020 Presidential Election is unprecedented in many ways: Record numbers of mail-in ballots. Potentially epic post-election legal battles. Voter preferences for in-person voting that fall starkly along party lines. These are just a few of … Continue reading
Axios reports. … Continue reading
“Neil deGrasse Tyson warns asteroid could hit Earth the day before the election” … Continue reading
Analysis coming soon at Slate. … Continue reading
Greg Sargent: If President Trump does end up losing reelection, one big area that will be ripe for an autopsy is the role that Fox News played in making that happen.A mammoth new poll from the Public Religion Research Institute helps underscore … Continue reading
Dahlia Lithwick and I have written this piece for Slate. It begins: Nobody, aside perhaps from Judge Amy Coney Barrett, could have missed the implication of Sen. Amy Klobuchar’s line of questions Wednesday about Barrett’s service in the army of GOP lawyers … Continue reading
Unconscionable: Whoa.In an email, Pennsylvania House GOP says negotiations over allowing counties to start processing and counting ballots before Election Day are essentially dead.That keeps current law: Counties can’t open ballots until 7 a.m. Election Day.— Jonathan Lai 🙊 賴柏羽 … Continue reading
New Ned Foley at WaPo. I reached similar conclusions on the need for a constitutional amendment in my Three Pathologies piece. … Continue reading
NPR: Early voting turnout continues to shatter records, as sky-high voter enthusiasm meets the realities of the United States’ creaky machinery of democracy amid a pandemic. That means long lines in some places and administrative errors with some mail ballots, … Continue reading
Politico: By almost every measure that political operatives, academics and handicappers use to forecast elections, the likely outcome is that Joe Biden will win the White House.Yet two weeks before Election Day, the unfolding reality of 2020 is that it’s … Continue reading
Vivian Schiller and Garrett Graff for CJR. … Continue reading
The Supreme Court has taken an exceptionally long time – given the impending election — to address the legal challenges before it involving voting issues in Pennsylvania. Given that length of time, it’s reasonable to assume we are going to … Continue reading