Category Archives: Uncategorized
“The Electoral Count Mess: The Electoral Count Act of 1887 Is Unconstitutional, and Other Fun Facts (Plus a Few Random Academic Speculations) about Counting Electoral Votes”
Jack Michael Beerman and Gary Lawson have posted this draft on SSRN. Here is the abstract:
In this essay, and in light of the controversy that arose in the wake of the 2020 presidential election, we explain the constitutional process… Continue reading
“House scraps plans for Thursday session after security officials warn of possible plot to breach Capitol”
WaPo:
The House scrapped plans for a Thursday session after security officials warned of a possible plot by an unnamed militant group to breach the Capitol. The decision to move up votes on legislation to Wednesday night came after officials… Continue reading
“Targeting State Restrictions, House Passes Landmark Voting Rights Expansion”
NYT:
House Democrats pushed through a sweeping expansion of federal voting rights on Wednesday over unified Republican opposition, opening a new front in a raging national debate about elections aimed at countering G.O.P. attempts to clamp down on ballot access.The… Continue reading
“The Assault on Voting Rights”
Jerry Goldfeder podcast.
“Georgia Takes Center Stage in Battle Over Voting Rights”
NYT:
After record turnout flipped Georgia blue for the first time in decades, Republicans who control the state Legislature are moving swiftly to implement a raft of new restrictions on voting access, mounting one of the biggest challenges to voting… Continue reading
Former VP Mike Pence Attacks 2020 Election Integrity, Pointing to Supposed Independent State Legislature Doctrine Violations and “Irregularities” (Not Voter Fraud)
From an oped attacking HR 1:
After an election marked by significant voting irregularities and numerous instances of officials setting aside state election law, I share the concerns of millions of Americans about the integrity of the 2020 election.That’s why… Continue reading
New Freedom House Report Finds American Democracy on the Decline
You can find the new report here.
[Disclosure: I served as an advisor reviewing the portion of the report dealing with the United States.]
Call for Papers: New Voices in Election Law
The Law and Political Process Study Group (a related group of APSA) will be putting together a panel on “New Voices in Election Law” for the APSA Annual Meeting being held Sept. 28-Oct. 3 (for virtual panels). All related panel… Continue reading
“The Long Fuse: Misinformation and the 2020 Election” (Report and Event)
Big new report:
Please join us on Wednesday March 3, 2021 from 3:00-4:30 pm EST (12:00-1:30 PST) for the public launch of our comprehensive report. Hear researchers from the Stanford Internet Observatory, Graphika, the University of Washington’s … Continue reading
“Gensler: SEC should consider corporate political spending disclosures”
Politico:
Gary Gensler, President Joe Biden’s pick to head the Securities and Exchange Commission, signaled Tuesday that the agency would raise pressure on corporations to disclose their political spending activities, a long-running tension between SEC officials, big business and… Continue reading
March 9 Election Law Journal Roundtable: Restoring Trust in the Voting Process
Looking forward to this:
March 9, 2021 8-9:15 PM ET | Add to your calendar
The democratic process in the United States was sorely tested in the aftermath of the 2020 presidential election. Our electoral institutions survived that test, but… Continue reading
I’ll Be Live Tweeting Oral Argument in the Brnovich Case
Here:
I'll be live tweeting in this thread the Supreme Court's oral argument in the important Voting Rights Case, Brnovich v. DNC. Here's my @SCOTUSBlog analysis of what's at stake: https://t.co/UldlKZKDqE— Rick Hasen (@rickhasen) March 2, 2021
H.R. 1’s Revised Prohibition of Partisan Gerrymandering
H.R. 1—the omnibus electoral reform package—is scheduled for a House vote later this week. The managers’ amendment to the bill was just released, and includes (among other things) some substantial (and beneficial) changes to the bill’s prohibition of partisan gerrymandering.… Continue reading