Category Archives: election subversion risk

Your Must-Read of the Week: Ned Foley on How Trump is Likely Ineligible to Run for President in 2024, and How Congress May Need to Act Now to Disqualify Him Under the Fourteenth Amendment Or Else Claim May Be Waived

October 15, 2021, 7:21 amelection subversion riskRick Hasen

This from Ned deserves a lot of attention. It is a ticking time bomb. Read it.

Section 3 of the Fourteenth Amendment and January 6, 2025: the need for legislation now

October 14, 2021, 2:42 pmballot access, election subversion risk, electoral collegeNed Foley

All the current talk of Donald Trump running again in 2024 assumes that he’s eligible to serve as president if reelected. He’s not, or at least there’s a strong argument that he isn’t. In fairness to America’s voters, this argument ought… Continue reading

U.S. Senate Candidate for New Hampshire Pledges Not to Vote to Certify 2024 Election Results if Trump Objects

October 14, 2021, 11:52 amelection subversion riskRick Hasen

The election subversion risk is real: A Republican candidate running for the US Senate in New Hampshire, in a key 2022 race, explicitly tells @IChotiner as a sort of solemn campaign promise that he would vote to not certify the… Continue reading

“Zero Trust: How to Secure American Elections When the Losers Won’t Accept They Lost”

October 14, 2021, 11:48 amelection subversion riskRick Hasen

New report from Masterson, M., DePew, J., Jonsson, K., Perkins, S., and Zaheer, A. Abstract: In this report, we outline three exigent threats to election processes following the events of the 2020 general election. Then, we provide 11 targeted recommendations… Continue reading

Jeffrey Clark Apparently Booted from Work at Conservative Legal Group NCLA, Without Any Acknowledgement from Group He Might Have Been Fired for Trying to Steal the 2020 Election

October 13, 2021, 4:00 pmelection subversion riskRick Hasen

News: Whoa! Did @NCLALegal fire Jeffrey Clark and pull a @fedsoc and boot the person for fomenting insurrection while not publicly announcing that's what they were doing? (On FedSoc, see here: https://t.co/DIQ10nk7tV, https://t.co/RjCPB26pxt). https://t.co/CkrNYC391B— Rick Hasen… Continue reading

Trump Says That “If We Don’t Solve the Presidential Election Fraud of 2020,” Republican Voters Will Stay Home in 2022 and 2024

October 13, 2021, 2:24 pmelection subversion risk, fraudulent fraud squadRick Hasen

This seems to escalate the Big Lie and put Republicans in a tough position: https://twitter.com/sahilkapur/status/1448386456406347786?s=20

“How close were we to an actual stolen election — stolen by Trump?”

October 13, 2021, 9:41 amelection subversion riskRick Hasen

Aaron Blake for WaPo: The picture of Donald Trump’s scheme to get the Justice Department to help him overturn the 2020 election has been significantly filled out in recent weeks. First came the disclosure that conservative lawyer John Eastman had… Continue reading

“John Eastman’s Big Lie”

October 13, 2021, 8:07 amchicanery, election subversion risk, electoral collegeRick Hasen

George Thomas at The Constitutionalist: John Eastman was the architect of former President Trump’s plan to get his Vice President to declare him the winner of the 2020 election. The scheme turned on Eastman’s insistence that in seven states… Continue reading

“Evidence of Armed Trump Extremists Continues to Emerge in January 6 Cases”

October 13, 2021, 8:05 amelection subversion riskRick Hasen

Mother Jones: Since January 6, Republican lawmakers attempting to cover up the Trump-driven insurrection have claimed that no one brought guns to the US Capitol. That claim is false, as we showed in a recent Mother Jones investigation documenting… Continue reading

“Republicans rally around possible Trump 2024 bid as they downplay his role on January 6”

October 13, 2021, 7:15 amelection subversion riskRick Hasen

CNN: Nine months after the attack on the US Capitol, Republicans in Congress are defending Donald Trump’s role on January 6 in some of their strongest terms yet — and signaling he’d have widespread backing from the… Continue reading

“Authors of ‘How Democracies Die’ Weigh in on Jan. 6 Investigation”

October 13, 2021, 6:48 amelection subversion riskRick Hasen

Levitsky and Ziblatt on CNN’s Anderson Cooper.

“Trump Loses Arizona–Again; He still cries ‘fraud’ even after the audit he demanded found none.”

October 12, 2021, 7:03 amelection subversion risk, fraudulent fraud squadRick Hasen

WSJ Editorial: Former President Trump claims Arizona’s ballot audit found “massive fraud,” yet the new recount says he actually lost the state by 360 more votes than originally reported. He is now demanding an audit of the 2020 election in … Continue reading

“Michigan Republicans replace local election officials in ‘unprecedented’ trend”

October 11, 2021, 1:20 pmchicanery, election administration, election subversion riskRick Hasen

Detroit News: Republican Party leaders across the battleground state of Michigan have quietly worked in recent weeks to replace incumbent county election officials with newcomers, some of whom have sought to undermine the public’s faith in the 2020… Continue reading

Quote of The Day

October 10, 2021, 9:27 amelection subversion risk, fraudulent fraud squadRick Hasen

As noted by Political Wire: “I’m telling you the single biggest issue, as bad as the border is and it’s horrible, horrible what they’re doing, they’re destroying our country — but as bad as that is, the single biggest… Continue reading

Rep. Steve Scalise Refuses to Acknowledge That The Election Was Not Stolen from Donald Trump, Ties It to Independent State Legislature Doctrine

October 10, 2021, 9:15 amelection subversion riskRick Hasen

So dangerous, and shows how the “independent state legislature” theory will potentially help Trump do a more respectable coup next time: Steve Scalise on Fox News Sunday repeatedly refuses to acknowledge that the 2020 election was… Continue reading

Election Law Blog

The law of politics and the politics of law