Category Archives: election subversion risk

Senator McConnell Calls Jan. 6 “Violent Insurrection,” Condemns RNC Censure of Cheney and Kitzinger

February 8, 2022, 2:27 pmelection subversion riskRick Hasen

NYT: Senator Mitch McConnell, the minority leader, pushed back hard on Tuesday on the Republican Party’s censure of Representatives Liz Cheney and Adam Kinzinger and its characterization of Jan. 6 as “legitimate political discourse,” saying the riot was a “violent… Continue reading

“The 1887 Law Putting American Democracy at Risk”

February 8, 2022, 7:35 amelection subversion risk, electoral collegeRick Hasen

NYT: The Electoral Count Act is both a legal monstrosity and a fascinating puzzle.Intended to settle disputes about how America chooses its presidents, the 135-year-old law has arguably done the opposite. Last year, its poorly written and ambiguous… Continue reading

“DeSantis refuses to take sides in Trump-Pence clash as 2024 speculation grows”

February 7, 2022, 11:58 amelection subversion riskRick Hasen

NBC News: Eyeing a possible White House bid, Florida Gov. Ron DeSantis declined on Monday to weigh in on one of the most divisive issues in the GOP: Could then-Vice President Mike Pence have “overturned” the 2020 presidential election?Former… Continue reading

“The plan to ‘Trump-proof’ 2024 gets a big boost — from Donald Trump”

February 7, 2022, 11:57 amelection subversion risk, electoral collegeRick Hasen

Greg Sargent: That’s why it’s a big deal that Manchin has now clarified that ECA reform will seek to safeguard against states sending sham electors. It’s not yet clear how the bipartisan reform would do this. But there are several… Continue reading

“Bipartisan Wisconsin business coalition backs elections head”

February 7, 2022, 7:17 amelection subversion riskRick Hasen

AP: A bipartisan group of prominent Wisconsin business leaders is voicing support for the state’s embattled elections administrator, her staff and local election officials, issuing a letter Monday backing Meagan Wolfe even as Republicans have called for her resignation… Continue reading

“Trump was advised by ‘snake oil salesmen,’ former Pence chief of staff says”

February 7, 2022, 7:02 amelection subversion riskRick Hasen

Politico: Former President Donald Trump received bad legal advice from advisers who “were basically snake oil salesmen,” leading him to false conclusions about the power Mike Pence had to overturn the 2020 election results, the former chief of… Continue reading

“Overhaul of Electoral Count Act ‘Absolutely’ Will Pass, Manchin Says”

February 6, 2022, 7:49 pmelection subversion riskRick Hasen

NYT: Two senators working on an overhaul of the little-known law that former President Donald J. Trump and his allies tried to use to overturn the 2020 election pledged on Sunday that their legislation would pass the Senate, saying… Continue reading

Dan Balz: “This was the week when Trump revealed all”

February 6, 2022, 7:43 pmelection subversion riskRick Hasen

Dan Balz WaPo column: Former president Donald Trump has told some big lies over the years. One of the biggest, it now is clear, came on Jan. 7, 2021, the day after his supporters assaulted the U.S. Capitol.On Jan. 6,… Continue reading

Barney Frank, Liz Cheney, Rob Portman & Democracy

February 5, 2022, 6:01 amalternative voting systems, election subversion risk, UncategorizedNed Foley

Barney Frank, the long-time member of Congress from Massachusetts whose memoirs every student of politics should read (or better yet listen to, since Frank narrates the audiobook), has written an ingenious op-ed for The Washington Post on Liz Cheney’s… Continue reading

How Should Democrats Respond to the GOP’s Censure of Cheney & Kinzinger?

February 4, 2022, 1:29 pmalternative voting systems, election subversion risk, political parties, UncategorizedNed Foley

I take the censure as further evidence that the Democratic Party, if it wants to protect small-d democracy, must try to save the Republican Party from itself. To have a functioning democracy, the United States needs a responsible right-of-center party,… Continue reading

The Institutional Context of the New GOP

February 4, 2022, 9:11 amalternative voting systems, election subversion riskNed Foley

Rick Pildes has highlighted the significance of the Axios story on the transformed Republican Party. I want to add one more point (which is a version of the question I plan to ask a lot this year): would it be… Continue reading

“As Part of Electoral Count Act Reform, Liberals Should Learn to Love Bush v. Gore”

February 4, 2022, 8:38 amelection subversion risk, UncategorizedRichard Pildes

From Ned Foley, at LawFare: The big fear from many liberals is that revising the Electoral Count Act (ECA), to prevent Congress from negating a Democratic presidential candidate’s valid victory in the way that Sen. Josh Hawley and Rep.… Continue reading

“As Part of Electoral Count Act Reform, Liberals Should Learn to Love Bush v. Gore”

February 4, 2022, 8:25 amelection subversion riskNed Foley

Lawfare has posted an essay I’ve written on the essential role of federal courts in stopping election subversion by state officials and how this essential role fits in with ECA reform.

“Arizona Republican House speaker effectively dooms GOP bill to allow state legislature to reject election results”

February 4, 2022, 7:03 amelection subversion riskRick Hasen

CNN: A Republican bill that would have overhauled elections in Arizona — including giving the state legislature the power to reject election results — proved to be too much even for state GOP leaders this week.Arizona House Speaker… Continue reading