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“What do parties do? Donald Trump’s candidacy is a good test case.”

Posted on April 5, 2016 7:26 am by Rick Hasen

Julia Azari for Vox: The party’s halting and controversial embrace of his candidacy tells us something about the ubiquity of parties and about the limits of their capacity to shape events. But if we treat Trump as primarily a candidate … Continue reading →

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Posted in political parties

“Why are so many Democrats and Republicans pretending to be independents?”

Posted on April 4, 2016 9:34 am by Rick Hasen

John Sides for the Monkey Cage. … Continue reading →

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Posted in political parties

“Could Republican Convention delegates be bought? Legally, maybe”

Posted on April 4, 2016 8:46 am by Rick Hasen

CNN has this report. I’d be careful with this analysis, and point readers to this fascinating Brian Svoboda post.on whether RNC delegates at a contested convention could be bribed. … Continue reading →

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Posted in bribery, chicanery, political parties, primaries

“Trump, Cruz Work to Block Kasich From Ballot at Open Convention”

Posted on April 3, 2016 3:27 pm by Rick Hasen

NBC News: While Trump and Cruz are locked in a bitter battle, aides to both men tell msnbc it is in their mutual interest to keep Kasich off the ballot. The convention rules control who is on that ballot — … Continue reading →

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Posted in political parties, primaries

“As Floor Fight Looms, G.O.P. Convention Delegates Become a Hot Commodity”

Posted on April 1, 2016 8:11 pm by Rick Hasen

NYT: The chairman of the Republican Party in American Samoa, Utu Abe Malae, began feeling the pressure almost immediately: phone calls, commitment forms, anything the presidential campaigns could do, say or send to nail down his support as a delegate. … Continue reading →

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Posted in political parties, primaries

“Trump’s uphill delegate scramble”

Posted on April 1, 2016 4:32 am by Rick Hasen

Politico: If Donald Trump loses in Wisconsin next week, he will need to win roughly 60 percent of the remaining delegates to win the Republican presidential nomination outright — a daunting but not impossible challenge. But if he fails to … Continue reading →

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Posted in political parties, primaries

“Trump’s Threat on Pledge Could Cost Him South Carolina Delegates”

Posted on April 1, 2016 4:11 am by Rick Hasen

TIME: Donald Trump’s announcement that he no longer stands by a pledge to support the GOP has thrown his hold on South Carolina’s 50 delegates in doubt. The Palmetto State was one of several that required candidates to pledge their … Continue reading →

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Posted in campaigns, political parties, primaries

“The Trump-Cruz Louisiana Delegate Fight Could Be First Sign Of Turmoil To Come”

Posted on March 31, 2016 7:18 am by Rick Hasen

Tierney Sneed: Political observers have wondered for months whether Donald Trump’s unconventional, “political outsider” campaign would put him at a disadvantage if the Republican presidential race were to come down to the wire. Now, a fight stemming from the complicated … Continue reading →

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Posted in political parties, primaries

Barney Frank Attacks Lack of Democracy in Caucus System

Posted on March 30, 2016 7:51 pm by Rick Hasen

Slate: Isaac Chotiner: What do you make of Bernie Sanders’ success thus far, even if he is likely to come up short in terms of delegates? Barney Frank: Remember he’s way behind not just in delegates but in votes. Yeah … Continue reading →

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Posted in political parties, primaries

“Democrats See Split Supreme Court Decision as a New Tool to Fill Vacancy”

Posted on March 30, 2016 9:05 am by Rick Hasen

Carl Hulse for the NYT. … Continue reading →

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Posted in political parties, political polarization

“Trump Camp Will File RNC Complaint Over Delegates, Not A Lawsuit”

Posted on March 29, 2016 7:17 am by Rick Hasen

TPM: An adviser to Donald Trump’s campaign on Wednesday clarified that the campaign will file a complaint with the Republican National Committee (RNC) over the selection of delegates in the Louisiana primary, not a lawsuit, as Trump suggested in a … Continue reading →

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Posted in political parties, primaries

“Trump threatens lawsuit over delegate allocation”

Posted on March 28, 2016 7:38 am by Rick Hasen

NBC First Read: Speaking of delegate fights, Donald Trump upped the ante over the weekend by tweeting the threat of a lawsuit over last week’s maneuvering in Louisiana’s GOP delegate selection. “Just to show you how unfair the Republican primary … Continue reading →

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Posted in campaigns, political parties

“Inside Trump’s plot to thwart a contested convention and seize control of the GOP”

Posted on March 25, 2016 7:49 am by Rick Hasen

Greg Sargent for WaPo. … Continue reading →

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Posted in campaigns, political parties, primaries

“Shadow campaign to deny Trump his delegates begins”

Posted on March 24, 2016 7:56 am by Rick Hasen

Politico: Madrid’s visit to South Dakota on Saturday marked one of the earliest signs that the shadow campaign for the Republican nomination has begun. Kasich and Cruz are scrambling to secure commitments from bound delegates to break off on a … Continue reading →

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Posted in campaigns, political parties, primaries

Without Comment, #SCOTUS Denies Montana Republicans Relief from Open Primary

Posted on March 24, 2016 7:50 am by Rick Hasen

The Court’s order (without any explanation or noted dissent) is here. Given how close this came to the election, the denial of relief for now is not a big surprise. But this is a case to keep an eye on … Continue reading →

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Posted in political parties, political polarization

“Straight Ticket Voting”

Posted on March 24, 2016 7:29 am by Rick Hasen

News from Indiana.  Would this hurt down-ticket Republcians in Indiana if Trump is on top of ticket? … Continue reading →

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Posted in election administration, political parties

Montana Files #SCOTUS Opposition in Emergency Open Primary Case

Posted on March 22, 2016 8:44 pm by Rick Hasen

Find it at Ballot Access News. … Continue reading →

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Posted in political parties, primaries, Supreme Court

“Montana GOP challenges cross-over voters”

Posted on March 20, 2016 9:12 pm by Rick Hasen

Lyle Denniston on SCOTUSBlog about the petition from the Montana Republican Party pending at the Supreme Court. … Continue reading →

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Posted in political parties, primaries, Supreme Court

“Sanders surprises with controversial superdelegate strategy”

Posted on March 18, 2016 7:40 am by Rick Hasen

Steve Benen: Strictly speaking, Democratic primary and caucus voters are principally responsible for choosing their presidential nominee, but the power is not entirely in their hands. While those voters elect pledged delegates for the party’s national convention, the Democratic process … Continue reading →

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Posted in campaigns, political parties, primaries

“RNC Rules: Insiders Speak Out on Contested Convention”

Posted on March 18, 2016 7:28 am by Rick Hasen

NBC News: If no presidential candidate wins a majority of delegates and Republicans face a contested convention this summer, a small group of party insiders will have huge sway over who wins — and how to resolve a rift that … Continue reading →

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Posted in campaigns, political parties, primaries

“Cleveland One Step Ahead of Trump’s Convention Riots Prediction”

Posted on March 18, 2016 7:02 am by Rick Hasen

Bloomberg reports. … Continue reading →

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Posted in political parties

“The Grim Reality of American Politics”

Posted on March 17, 2016 3:44 pm by Rick Hasen

Mann and Ornstein in the Atlantic: Donald Trump’s emergence as the GOP frontrunner and likely nominee creates an existential crisis for the Republican Party, as the angry populism exploited and incited by Republican leaders in Congress to regain majority control … Continue reading →

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Posted in political parties, political polarization

Judge Merrick Garland: A Moderate Liberal on Election Law Issues, With Questions About Boldness

Posted on March 17, 2016 10:02 am by Rick Hasen

I have now had a chance to review the substantive election law decisions of Judge Merrick Garland that my research assistant and I have identified (listed after the jump). With the caveat that the job of a lower court judge … Continue reading →

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Posted in campaign finance, political parties, Voting Rights Act

“Wild card for Trump: Who gets to be a convention delegate?”

Posted on March 17, 2016 7:55 am by Rick Hasen

WaPo reports. … Continue reading →

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Posted in political parties, primaries

Good Luck with That Dep’t

Posted on March 17, 2016 7:53 am by Rick Hasen

Bernie Sanders now sees path to nomination relying on Democratic superdelegates. … Continue reading →

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Posted in campaigns, political parties, primaries

“Ginsberg Warns of ‘Political Guerilla Warfare’ at Contested GOP Convention”

Posted on March 17, 2016 7:38 am by Rick Hasen

Bloomberg: With prospects for the first contested Republican convention in 40 years on the rise, GOP super-lawyer and election-law expert Ben Ginsberg says that selecting the actual delegates at state conventions in the coming months will “be sort of spring … Continue reading →

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Posted in campaigns, political parties, primaries

“GOP official: The party chooses the nominee, not the voters”

Posted on March 16, 2016 7:44 pm by Rick Hasen

The Hill: “The media has created the perception that the voters will decide the nomination,” Curly Haugland said in an interview with CNBC. “That’s the conflict here.” “The political parties choose their nominees, not the general public, contrary to popular … Continue reading →

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Posted in political parties

“Bribery and the Brokered Convention?”

Posted on March 16, 2016 1:36 pm by Rick Hasen

Fascinating Brian Svoboda on whether RNC delegates at a contested convention could be bribed: Can Chicago’s experience in 1860 repeat itself in Cleveland in 2016? One recentcommentator suggested that, after the first ballot, presidential contenders “would engage in a fierce … Continue reading →

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Posted in bribery, political parties, primaries

Justice Kennedy Asks for Response in Montana Open Primary Case, Potentially Affecting Trump

Posted on March 16, 2016 1:24 pm by Rick Hasen

Following up on this post, Justice Kennedy has requested a response from Montana by March 22. … Continue reading →

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Posted in political parties, primaries, Supreme Court

“A fair way to choose a Republican nominee”

Posted on March 16, 2016 7:59 am by Rick Hasen

Ramesh Ponnuru: But the rules in the Republican primaries, as we are now seeing, are not ideally designed to create consensus. Trump hasn’t won a majority in any contest so far — and he could in theory keep failing to … Continue reading →

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Posted in alternative voting systems, political parties, primaries

“Alabama GOP: Keep Democrats out of our primary elections”

Posted on March 15, 2016 10:02 am by Rick Hasen

Al.com reports. … Continue reading →

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Posted in political parties, primaries

“Why Do We Still Have Presidential Caucuses — And How Can We Get Rid Of Them?”

Posted on March 15, 2016 7:18 am by Rick Hasen

Important Josh Israel report from Think Progress. … Continue reading →

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Posted in election administration, political parties, primaries

“G.O.P. Effort to Block Trump May Lead to a Morass”

Posted on March 14, 2016 7:57 am by Rick Hasen

Al Hunt for Bloomberg View. … Continue reading →

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Posted in political parties

“How to Steal a Nomination From Donald Trump”

Posted on March 14, 2016 7:50 am by Rick Hasen

Sasha Issenberg: Donald Trump has spent much of his campaign selling himself as a maker of great deals. But in the next phase of the campaign, the author of The Art of the Deal may be confronted with the ultimate … Continue reading →

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Posted in political parties

“The Path to Convention Chaos; If Trump loses Florida or Ohio, the GOP’s set for a quagmire in Cleveland. Here’s how it happens”

Posted on March 13, 2016 7:19 pm by Rick Hasen

Ben Ginsberg: The March 15 winner-take-all primaries in Florida and Ohio have been billed as make-or-break for the Republican candidates still holding out hope that they can topple Donald Trump. But those contests are also make-or-break for Trump, and for … Continue reading →

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Posted in political parties

“The Party Still Decides”

Posted on March 13, 2016 6:07 pm by Rick Hasen

Ross Douthat: But the party’s convention rules, in all their anachronistic, undemocratic and highly-negotiable intricacy, are also a line of defense, also a hurdle, also a place where a man unfit for office can be turned aside. So in Cleveland … Continue reading →

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Posted in campaigns, political parties

Montana Republican Party Seeks Emergency #SCOTUS Relief to End Open Presidential Primary

Posted on March 11, 2016 1:01 pm by Rick Hasen

This filing, directed to Justice Kennedy, could have implications if Trump is short of delegates in June. Right now Democrats could vote in the Republican party primary, and this seeks an order to close the primary. The logistical problem is … Continue reading →

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Posted in political parties, primaries, Supreme Court

“GOP superlawyer on contested convention rule: ‘In fact, that’s not a rule'”

Posted on March 9, 2016 11:20 am by Rick Hasen

Politico: A Republican presidential candidate doesn’t have to accrue a majority of delegates in eight states to be considered for the nomination during a contested convention in July, former Republican National Committee lawyer Ben Ginsberg — the party’s preeminent election … Continue reading →

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Posted in political parties, primaries

“Major GOP Donors Are Turning Their Hopes Toward A Contested Convention”

Posted on March 7, 2016 7:24 am by Rick Hasen

Tarini Parti reports for BuzzFeed. … Continue reading →

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Posted in campaigns, political parties, primaries

“Would Va. ‘sore loser’ law bar independent bid by Trump?”

Posted on March 5, 2016 5:56 pm by Rick Hasen

The Richmond Times-Dispatch reports. … Continue reading →

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Posted in ballot access, political parties

“Anti-Trump Republicans Call for a Third-Party Option”

Posted on March 2, 2016 5:28 pm by Rick Hasen

If that’s what they want, they’d better get moving. It may already be too late. … Continue reading →

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Posted in ballot access, political parties, third parties

A Modest Proposal

Posted on March 2, 2016 3:56 pm by Rick Hasen

How crazy is a Cruz-Rubio alliance against Trump where they leave it to *convention* to decide top of ticket and VP? I’d pay to watch that. It’s like bringing the ultimate reality television to the Republican convention: Celebrity Apprentice meets … Continue reading →

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Posted in political parties

Will Colorado Abandon Its Caucuses for Primaries?

Posted on March 2, 2016 2:11 pm by Rick Hasen

Could be. Let’s hope. … Continue reading →

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Posted in election administration, political parties, primaries

Will RNC Have Trouble Raising Corporate Money for Its Convention If Trump is the Nominee?

Posted on March 2, 2016 12:29 pm by Rick Hasen

Stuart Stevens so suggests. … Continue reading →

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Posted in campaign finance, campaigns, political parties

“Boulder caucus site turns away hundreds of Democrats”

Posted on March 2, 2016 11:36 am by Rick Hasen

Denver Post reports. … Continue reading →

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Posted in election administration, political parties, primaries

“Why Is Anyone Still Doing Caucuses?”

Posted on March 2, 2016 8:16 am by Rick Hasen

Evan McMorris-Santoro for BuzzFeed: About a half hour from the Las Vegas Strip, in a large public high school on the day the state’s Democratic nominating contest, a man stepped up onto the gym bleachers and shouted: “Let’s make sure … Continue reading →

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Posted in political parties, primaries

More Ben Ginsberg on What’s Ahead with Delegates

Posted on March 2, 2016 7:08 am by Rick Hasen

Via Playbook: BEN GINSBERG of Jones Day, the nation’s leading GOP elections lawyer, on MSNBC’s set at 30 Rock, said March 15 (including Florida and Ohio, both winner take all) “is kind of the cut-off day” for Cruz or Rubio … Continue reading →

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Posted in political parties

Freeing Republican Delegates at Convention to Kill Trump Nomination?

Posted on March 1, 2016 4:36 am by Rick Hasen

Trip Gabriel’s NYT story yesterday concludes as follows: “I think the establishment will do anything in their power to try to stop Donald Trump at the national convention,” said John Patrick Yob, the former delegate strategist for Senator Rand Paul … Continue reading →

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Posted in campaigns, political parties, primaries

Quote of the Day

Posted on February 29, 2016 12:31 pm by Rick Hasen

“This whole thing is a really messy mixture of unintended consequences….The R.N.C. put in a system that was designed to let either an establishment figure or a very popular conservative grass-roots figure wrap up the nomination early. And Donald Trump … Continue reading →

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Posted in political parties, primaries

Colorado Appeals Court Says Political Party Can Create Super PAC with Unlimited Funding

Posted on February 25, 2016 7:51 am by Rick Hasen

Colorado Republican Party v. Colorado Ethics Watch: “The First Amendment ‘“has its fullest and most urgent application” to speech uttered during a campaign for political office.’” Citizens United v. Fed. Election Comm’n, 558 U.S. 310, 339 (2010) (citation omitted). ¶ 2 We … Continue reading →

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Posted in campaign finance, political parties

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