Category Archives: The Voting Wars
My Forthcoming Yale Law Journal Feature: “The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law”
I have written this draft, forthcoming this spring in Volume 134 of the Yale Law Journal. I consider it my most important law review article (or at least the most important that I’ve written in some time). It offers… Continue reading
“Harris Campaign’s Legal Team Takes Shape as Election Battles Heat Up”
NYT:
Amid threats of certification battles and mass voter challenges, Vice President Kamala Harris’s presidential campaign has assembled an expansive senior legal team that will oversee hundreds of lawyers and thousands of volunteers in a sprawling operation designed to be… Continue reading
Must-Read from Justin Levitt: “Get Ready for the Scourge of Election Season: Electoral-Process Porn”
Provocative Justin Levitt piece at Slate:
You’ve seen the long-form think pieces, ominous and lurid and anxiety-producing. With titles like “How Six States Could Overturn the 2024 Election,” they offer a revealing glimpse into a pocket of underrecognized… Continue reading
Speaking in Sacramento on July 24: “Loser’s Consent: Holding a Fair and Legitimate 2024 Election”
Looking forward to speaking this Wednesday at the UC Center, Sacramento:
“Loser’s Consent: Holding a Fair and Legitimate 2024 Election”
Wed, Jul 24, 2024 @ 12:00pm – 1:00pm
1115 11th Street, Sacramento and by Zoom webinar
Professor Richard Hasen, Professor… Continue reading
The Michigan Trump/RNC complaint is a mess
Justin here. Here’s the complaint for the RNC/Trump Michigan lawsuit Dan flagged earlier today. It’s a mess.
I think this may be the second lawsuit that the 2024 Trump campaign has filed directly as a plaintiff, behind the Nevada … Continue reading
“Republicans are turning Biden’s voter registration order into a partisan flash point”
Hansi Lo Wang for NPR:
In these final months before this fall’s election, Republican officials are ramping up attacks on a three-year-old executive order President Biden issued to try to get more eligible voters signed up to cast ballots.
The… Continue reading
“In Shasta County, Calif., fights over elections have left wounds that just won’t heal”
“If Everyone Voted, Would Biden Benefit? Not Anymore.”
Nate Cohn at The Upshot with evidence supporting the dynamic I’d mentioned a few days ago: incremental restrictions on voting may be disproportionately impacting Trump supporters.
Credulous coverage of probable vaporware
The AP’s lede:
The Republican National Committee on Friday launched a swing state initiative to mobilize thousands of polling place monitors, poll workers and attorneys to serve as “election integrity” watchdogs in November — an effort that immediately drew… Continue reading
“Texas election laws allow certain ballots to be traced back to voters, official says”
CBS report noting what purport to be decoded ballots of some prominent Texas officials, though I’m not sure whether the culprit is Texas “election laws” or the outer limits of the scope of public records responses. The controversy seems to… Continue reading
“Michigan judge strikes down Benson voter signature match guidance — again”
That’s the headline from Bridge Michigan, though the subhead is quick to note that the “judge upheld separate rules that give clerks broad discretion to consider why a voter signature might not match the version on file,” and everyone… Continue reading
“House committee subpoenas 15 Biden Cabinet secretaries to hand over documents on voter mobilization ‘scheme'”
That’s the Fox headline for the continuing swirl of nonsense around Executive Order 14019 – but as I’ve mentioned before, the reality of the alleged “scheme” is an instruction to federal agencies to help facilitate customer service in a… Continue reading
“Georgia’s battleground state status spurs partisan elections board skirmishes”
The Georgia Recorder with a piece on the fights over control of local elections boards responsible for certifying election results.