Category Archives: The Voting Wars

Breaking and Analysis: 7th Circuit, on 2-1 Vote, Rejects District Court Extension of Wisconsin Deadline for Receipt of Absentee Ballots, Relying Heavily on Supreme Court’s Earlier Ruling in South Carolina Case

October 8, 2020, 11:03 amabsentee ballots, The Voting WarsRick Hasen

As I noted in this Slate piece earlier this week, “Generally, though, the Republican side may be far more successful in blocking lower court orders sought by Democrats and voting rights groups seeking to expand voting by mail. Although Democrats… Continue reading

“Key Legal Fights Over Voting Remain Unresolved As Election Day Draws Close”

October 8, 2020, 8:04 amSupreme Court, The Voting WarsRick Hasen

Pam Fessler for NPR: With so many cases still up in the air, legal experts say it’s difficult to tell whether Democrats or Republicans are coming out ahead. Democrats have won numerous victories — including fending off a Republican effort… Continue reading

“After early victories, Democrats’ voting lawsuits face tougher terrain in conservative-leaning appeals courts”

October 6, 2020, 7:29 amThe Voting WarsRick Hasen

Marshall Cohen for CNN: After a string of early legal victories in voting rights cases, Democrats are now fighting on more challenging terrain in federal appeals courts across the country, and have seen some of their hard-fought victories wiped off… Continue reading

“This Will Be a Critical Week for Pandemic Voting Cases at the Supreme Court”

October 5, 2020, 1:05 pmElection Meltdown, Supreme Court, The Voting WarsRick Hasen

I have written this piece for Slate. It begins: While the nation’s attention has been focused on the president’s COVID-19 diagnosis and the ensuing questions surrounding that, it’s important to remember there will still be an election in one month.… Continue reading

“Think the Constitution lets voters pick the president? Better read it again.”

October 5, 2020, 10:32 amThe Voting WarsRick Hasen

Ned Foley WaPo oped: In other words, although voters might be under the impression that they get to choose the president, in fact, the Constitution does not mandate that role. Ordinary voters have a say in the process only as… Continue reading

“Federal judge strikes down change to NC absentee ballot witness requirement”

October 2, 2020, 9:38 amabsentee ballots, The Voting WarsRick Hasen

WRAL: A federal judge on Wednesday warned the State Board of Elections that recent changes to requirements for absentee mail-in voting in North Carolina do not have his approval.Those changes, outlined in a Sept. 22 memo from the state… Continue reading

“Voting lawsuits pile up across US as election approaches”

October 1, 2020, 9:56 amThe Voting WarsRick Hasen

AP: They’ve been fighting in Wisconsin and Pennsylvania over the cutoff date for counting mailed ballots, and in North Carolina over witness requirements. Ohio is grappling with drop boxes for ballots as Texas faces a court challenge over extra… Continue reading

“Courts view GOP fraud claims skeptically as Democrats score key legal victories over mail voting”

September 28, 2020, 10:06 pmabsentee ballots, The Voting WarsRick Hasen

WaPo: For six months, the rules for how Americans can vote during the coronavirus pandemic have been locked in court battles while states across the country rushed to embrace mail ballots.Now, with just weeks to go before the Nov. 3… Continue reading

“Are Republican Judges Putting Their Thumbs on the Electoral Scale?”

September 27, 2020, 7:41 amSupreme Court, The Voting WarsRick Hasen

Erwin Chemerinsky NYT oped.

“Trump readies thousands of attorneys for election fight”

September 27, 2020, 7:33 amThe Voting WarsRick Hasen

Politico: A year before President Donald Trump alarmed Americans with talk of disputing elections last week, his team started building a massive legal network to do just that.Dozens of lawyers from three major law firms have been hired. Thousands of… Continue reading

“Previously secret documents revealed on NC mail-in voting settlement opposed by GOP”

September 26, 2020, 11:32 amThe Voting WarsRick Hasen

News & Observer: The Republican members of the state elections board who resigned in protest earlier this week gave the public false information, the board’s leader said in an emergency meeting Friday.He and the other Democrats who remain on the… Continue reading

“Madison poll workers will accept absentee ballots in parks this weekend, raising GOP concerns”

September 26, 2020, 11:28 amThe Voting WarsRick Hasen

Milwaukee Journal-Sentinel: Madison’s parks have become the latest fronts in Wisconsin’s voting wars.The liberal stronghold is hosting “Democracy in the Park” events on Saturday at more than 200 locations across the city, where poll workers wearing yellow… Continue reading

“The Election Is Already Under Way in America’s Courts; And the two parties—and the judges they have appointed—are on completely divergent legal paths.”

September 23, 2020, 8:33 pmThe Voting WarsRick Hasen

Leah Litman in the Atlantic: The case captions tell much of the story. Republican Party officials, including those in President Trump’s reelection campaign, are trying to stop states’ efforts to expand voting—they are suing to prevent mail-in voting, extensions for… Continue reading

“I’ve Never Been More Worried About American Democracy Than I Am Right Now; The pre-emptive attack on the vote count is a five-alarm fire.”

September 23, 2020, 12:24 pmElection Meltdown, The Voting WarsRick Hasen

I have written this piece for Slate. It begins: With less than six weeks to go before Election Day, and with over 250 COVID-related election lawsuits filed across 45 states, the litigation strategy of the Trump campaign and their… Continue reading