Category Archives: election subversion risk

Matthew Seligman: The Draft Electoral Count Modernization Act’s Chain-of-Custody Approach

February 3, 2022, 7:09 amelection subversion risk, electoral collegeRick Hasen

The following is a guest post from Matthew Seligman: Now that we’ve had a day or two to digest the draft Electoral Count Modernization Act released by Senators King, Klobuchar, and Durbin, I see better what it’s trying to… Continue reading

Evaluating congressional gerrymanders

February 2, 2022, 3:16 pmelection subversion risk, redistricting, UncategorizedNed Foley

I’m bringing over here to ELB part of a Twitter dialogue that’s emerged in the wake of my post this morning on Gerrymandering as Democracy Protection??? In response to an exchange I had with Rick Hasen on this topic, Nick… Continue reading

Election subversion and writs of mandamus

February 2, 2022, 7:08 amcourt decisions, election subversion riskDerek Muller

Election subversion is, perhaps unsurprisingly, one of the hottest topics in election law. It’s a term that can apply to many things, but I wanted to focus on one risk: some election administrator or board of elections refusing to certify… Continue reading

Gerrymandering as Democracy Protection???

February 2, 2022, 7:01 amelection subversion risk, redistrictingNed Foley

I’ve been troubled by the spate of stories in recent weeks about the possibility of the Democratic Party being able to counter-gerrymander itself to something of a draw in this decade’s redistricting wars. The point of elections, as I see… Continue reading

Pence’s Particular Responsibility to Denounce Trump’s “Electoral McCarthyism”

February 1, 2022, 6:13 amelection subversion riskNed Foley

Yes, we all should be grateful that Pence ultimately did the right thing on January 6. And, yes, we all should feel sympathy for Pence and his family given the grave personal threat he faced from the “Hang Mike Pence”… Continue reading

The Latest on the Bipartisan Senate Talks on Anti-Election Subversion Legislation

January 31, 2022, 7:30 amelection subversion riskRick Hasen

Politico Playbook: SCOOP: ECA GROUP TAKES ON ROGUE ELECTORS — The bipartisan Senate group trying to strike a deal to overhaul the Electoral Count Act is adding to its mission as it tries to ensure another Jan. 6 never… Continue reading

Donald Trump Calls for Massive Protests If He is Arrested, Calls (Black) Prosecutors Investigating Him “Racist,” and Suggests He Would Pardon Jan. 6 Rioters If Elected in 2024

January 30, 2022, 2:05 pmelection subversion riskRick Hasen

NYT: Donald J. Trump said on Saturday that if elected to a new term as president, he would consider pardoning those prosecuted for attacking the United States Capitol on Jan. 6 of last year.He also called on his… Continue reading

“Campaigning to Oversee Elections, While Denying the Last One”

January 30, 2022, 1:55 pmelection subversion riskRick Hasen

NYT: Nearly two dozen Republicans who have publicly questioned or disputed the results of the 2020 election are running for secretary of state across the country, in some cases after being directly encouraged by allies of former President Donald J. … Continue reading

“Arizona bill would allow legislature to overturn election results”

January 28, 2022, 7:42 amelection subversion riskRick Hasen

Reid Wilson for The Hill: An arch conservative member of Arizona’s state House of Representatives has proposed a mammoth overhaul of the state’s voting procedures that would allow legislators to overturn the results of a primary or general election… Continue reading

“Are New Voting Bill Talks for Real or for Show?”

January 28, 2022, 7:39 amelection subversion riskRick Hasen

Carl Hulse for the NYT: So as a rump group of senators in both parties has recently ramped up discussions aimed at reaching a compromise on voting legislation, leading Democrats who saw their far broader voting rights package stall… Continue reading

Feb. 2 Event: “How America’s Electoral System Benefits Authoritarianism, and How We Can Fix it”

January 27, 2022, 10:27 amelection subversion riskRick Hasen

Registration details: Join Protect Democracy, Unite America, and R Street on Wednesday, February 2 at 12:00pm ET/ 9:00am PT for a discussion panel on how features of the U.S. electoral system are exacerbating America’s authoritarian threat. While those… Continue reading

ELB Podcast Episode 3:5: Bart Gellman, Jessica Huseman, and Margaret Sullivan: What Can (and Should) Journalists Do to Prevent Election Subversion and Another January 6?

January 27, 2022, 7:35 amELB Podcast, election subversion riskRick Hasen

On Season 3, Episode 5 of the ELB Podcast: How can journalists best report on stories about the risks to election integrity in the United States?Should journalists be taking sides between the forces of those supporting and opposing free… Continue reading

Matthew Seligman: “A Realistic Risk Assessment of ECA Manipulation in 2024”

January 26, 2022, 11:06 amelection subversion risk, electoral collegeRick Hasen

The following is a guest post from Matthew Seligman: Congress suddenly seems focused on reforming the Electoral Count Act as a fragile bipartisan consensus is emerging that the ECA is broken and must be fixed. Critical questions remain about… Continue reading