Monthly Archives: October 2020

“Vote-by-mail ballot rejection and experience with mail-in voting”

October 8, 2020, 2:14 pmabsentee ballotsRick Hasen

David Cottrell, Michael Herron, and Dan Smith have posted this new draft. Here is the abstract: Although most ballots in the United States have historically been cast in-person, an increasing number of Americans are turning to mail-in voting during… Continue reading

Mark Your Calendars for Oct. 29 OSU Event: “5 Days Out – A Virtual Roundtable of Election Law Experts”

October 8, 2020, 1:02 pmUncategorizedRick Hasen

Details: Election Law at Ohio State is honored to host this panel of election law experts from around the country who will share their assessments of where things stand with 5 days to go before this unprecedented presidential election. THURSDAY,… Continue reading

Justice Kagan Denies Republican Party Attempt to Stop Expansion of Mail-In Balloting in Montana; Still Awaiting Potentially Big SCOTUS Ruling in Pennsylvania Case

October 8, 2020, 12:42 pmUncategorizedRick Hasen

As expected, Justice Kagan has denied the petition without referring it to the full court. We are still awaiting the ruling in the Pennsylvania petition before the Supreme Court, which could be a very big deal.

“Voting Advocates Call on Officials to Do More to Stop Voter Intimidation and Election Violence”

October 8, 2020, 11:50 amUncategorizedRick Hasen

Steven Rosenfeld reports.

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

“Facebook bans marketing firm running ‘troll farm’ for pro-Trump youth group”

October 8, 2020, 10:19 amcheap speech, chicaneryRick Hasen

WaPo: Facebook said Thursday it will permanently ban from its platform an Arizona-based marketing firm running what experts described as a domestic “troll farm” — in a probe of the deceptive behavior prompted by a Washington Post article last month.The… Continue reading

Divided 9th Circuit Panel Allows Arizona Registration Deadline Extension to Continue for Now, Suggesting RNC Has No Standing to Appeal

October 8, 2020, 9:53 amUncategorizedRick Hasen

Interesting order. Judge Bybee would stop the registration extension as the Ninth Circuit continues the case. (h/t AZ Law) I guess the Governor and state legislature either chose not to appeal or don’t have the ability under state law,… Continue reading

The Purcell Principle Needs to Be Reined in and David Gans Has the Goods

October 8, 2020, 9:07 amSupreme CourtRick Hasen

I’ve been quite critical of the Purcell Principle, most comprehensively in this piece, Reining in the Purcell Principle. Since I wrote that article, the Court has only made things worse. David Gans, in this careful ACS issue brief, brings… Continue reading

Trump on TV Criticizes FBI Director Wray for Not Going All in on Trump’s False Claims of Widespread Voter Fraud

October 8, 2020, 8:23 amfraudulent fraud squadRick Hasen

Watch: "He's been disappointing" — Trump throws FBI Director Wray under the bus pic.twitter.com/15ftwI60fz— Aaron Rupar (@atrupar) October 8, 2020

Senator Mike Lee Hates Democracy

October 8, 2020, 8:20 amUncategorizedRick Hasen

NY Mag: Last night, livetweeting his thoughts on the 2020 vice-presidential debate, Republican senator Mike Lee decided it was an opportune moment to share one of his edgier political beliefs: Democracy is bad. We’re not a democracy.— Mike Lee… Continue reading

“Trump Officials Ask Supreme Court To Block Order That Extends Census Counting”

October 8, 2020, 8:13 amcensus litigation, Supreme CourtRick Hasen

Hansi Lo Wang for NPR: The Trump administration is asking the Supreme Court to allow counting for the 2020 census to end soon.In an emergency request on Wednesday, Acting Solicitor General Jeffrey Wall said that the Census Bureau must immediately… Continue reading

“Wisconsin election officials go from famine to feast with a swell of poll workers”

October 8, 2020, 8:08 amUncategorizedRick Hasen

WaPo: With the nation’s eyes on Wisconsin — its coveted 10 electoral votes could again determine the outcome of the presidential race — municipalities across the state are finding themselves in a surprising position ahead of Nov. 3. Rather than… Continue reading

“How One Tribe is Fighting to Vote Early”

October 8, 2020, 8:05 amUncategorizedRick Hasen

CPI reports.

“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