Category Archives: election subversion risk

“Wisconsin Republicans pump new life into scrutinizing the 2020 election; The aim of the investigations has shifted to trying to subvert election boards and long-standing voting protocols”

December 27, 2021, 7:43 amelection subversion risk, fraudulent fraud squadRick Hasen

Star Tribune: The cash bar was open for business, the Lilydale Dance Hall decked out in holiday garland, but Michael Gableman wasn’t here with good tidings.The attorney stood in front of Republican activists to share horror stories he’d heard… Continue reading

Election Law & Executive Privilege

December 23, 2021, 4:23 pmelection subversion risk, Supreme CourtNed Foley

Now that Trump’s claim of executive privilege regarding January 6 is at SCOTUS, should the election law community deliberate, and weigh in at all, about the relationship between an incumbent president’s claim of confidentiality with respect to official matters and… Continue reading

Prepare for Upcoming Originalist Arguments That Trump Cannot Be Disqualified to Run for President Under Section 3 of the 14th Amendment

December 23, 2021, 4:18 pmelection subversion riskRick Hasen

Gerald Magliocca: We are approaching the first anniversary of January 6th. One issue that may eventually be litigated is whether Section Three of the Fourteenth Amendment applies to former President Trump. On that point, I want to present some… Continue reading

“States United Democracy Center, Protect Democracy, and Law Forward Release Year-End Updates on Trend of Election Hijacking Bills in State Legislatures”

December 23, 2021, 4:14 pmelection subversion riskRick Hasen

Release: The States United Democracy Center, Protect Democracy and Law Forward today released an end-of-year update to their Democracy Crisis in the Making series, which analyzes the nationwide election hijacking trend in state legislatures seeking to politicize, criminalize, or… Continue reading

Must-Listen at NPR: “The clear and present danger of Trump’s enduring ‘Big Lie'”

December 23, 2021, 8:28 amelection subversion riskRick Hasen

Chilling audio reporting from NPR’s Melissa Block, featuring Tim Snyder, Carol Anderson, and me.

“The Obscure Charge Jan. 6 Investigators Are Looking at for Trump”

December 23, 2021, 8:24 amelection subversion riskRick Hasen

Daily Beast: As federal prosecutors increasingly use an obscure criminal charge to jail Jan. 6 insurrectionists, congressional investigators seem to be building a case that could result in that same charge against former President Donald Trump.A third of the… Continue reading

Could bipartisan democracy-protection have worked? Could it still?

December 23, 2021, 5:35 amalternative voting systems, election subversion risk, political parties, primariesNed Foley

There has been skepticism voiced by some about my suggestion that, after January 6, Democrats in Congress should have pursued a strategy of finding at least ten GOP Senators to support the kind of structural electoral reform, like a majority-winner … Continue reading

Must-read WaPo: “Inside the nonstop pressure campaign by Trump allies to get election officials to revisit the 2020 vote”

December 22, 2021, 7:22 pmelection subversion risk, fraudulent fraud squadRick Hasen

WaPo: More than a year after Donald Trump lost the presidency, election officials across the country are facing a growing barrage of claims that the vote was not secure and demands to investigate or decertify the outcome, efforts… Continue reading

Trump’s primary power

December 22, 2021, 5:56 amalternative voting systems, election subversion risk, primariesNed Foley

Henry Olsen for the Washington Post updates his top 5 list of the GOP primaries that will show Trump’s influence in the midterms. His new rankings list the Perdue-Kemp gubernatorial primary in Georgia first. When I contemplate this race, as… Continue reading

“As the GOP sheds its moderates, a whirlwind approaches”

December 21, 2021, 9:07 amalternative voting systems, election subversion risk, political parties, political polarizationNed Foley

This Washington Post op-ed, by Democratic consultant Doug Sosnik, is a counterpoint to the Virginia GOP self-description of Younkin’s victory there, as posted by Rick Pildes. While ranked-choice voting enabled Virginia Republicans to choose a gubernatorial nominee who… Continue reading

“Opinion: 3 retired generals: The military must prepare now for a 2024 insurrection”

December 19, 2021, 5:16 pmelection subversion riskRick Hasen

Paul D. Eaton, Antonio M. Taguba and Steven M. Anderson have written this WaPo oped: As we approach the first anniversary of the deadly insurrection at the U.S. Capitol, we — all of us former senior military officials —… Continue reading

“The Jan. 6 puzzle piece that’s going largely ignored”

December 16, 2021, 7:11 amchicanery, election subversion risk, electoral collegeRick Hasen

Politico: As Donald Trump and his allies squeezed then-Vice President Mike Pence to single-handedly stop Joe Biden’s presidency in the weeks ahead of Jan. 6, they used one particular tool that’s been largely ignored ever since.Rep. Louie Gohmert… Continue reading

NYT Deep Dive: “Meadows and the Band of Loyalists: How They Fought to Keep Trump in Power”

December 15, 2021, 6:05 pmchicanery, election subversion risk, fraudulent fraud squadRick Hasen

Must-read with the subhead: “A small circle of Republican lawmakers, working closely with President Donald J. Trump’s chief of staff, took on an outsize role in pressuring the Justice Department, amplifying conspiracy theories and flooding the courts in an… Continue reading