Monthly Archives: February 2022

Must-read Jon Ward: “How Democrats botched the fight over voting”

February 16, 2022, 12:02 pmelection subversion riskRick Hasen

Jon Ward in Yahoo News: Democrats told Americans over the last year that voter suppression was the biggest threat to democracy, even as it was clear that the far more immediate challenge is the potential for politicians to overturn… Continue reading

“For Beto O’Rourke, 2020 Still Haunts 2022”

February 16, 2022, 11:25 amUncategorizedRichard Pildes

After my earlier post on small donors in 2020 and the 2022 Texas’ governor’s race, I saw this NYT story. The subheading is in line with what that earlier story suggested: Mr. O’Rourke’s remarks during his 2020 presidential campaign shadow… Continue reading

Those Defending North Carolina’s Partisan Gerrymandering of Congressional Maps May Not Have Preserved Independent State Legislature Doctrine for Potential SCOTUS Review, and NC Supreme Court Rejects Argument on Merits (with an Update that the Argument Was Made Below)

February 16, 2022, 7:25 amUncategorizedRick Hasen

Following up on this post, Jordan Wilkie notes the following in the majority opinion issued by the North Carolina Supreme Court yesterday: https://twitter.com/jojot_wilkie/status/1493621048046202881?s=20&t=le0TP64TsXpZrrea4FNqow Update: It turns out that the argument was made in the trial court, per Derek Muller… Continue reading

A Technical Note on Accessing Election Law Blog (and Receiving Feedblitz Posts)

February 16, 2022, 7:21 amUncategorizedRick Hasen

We made a small tweak to ELB yesterday that allows one to see the 6 (rather than 3) most recent posts in fuller format. You’ll need to clear your cache to see the change, and if you don’t clear the… Continue reading

Tennessee Senate committee advances bill to challenge U.S. Term Limits, Inc. v. Thornton

February 16, 2022, 7:16 amlegislation and legislaturesDerek Muller

Tennessee is considering SB 2616, a bill that would require candidates for congressional partisan primaries meet existing state constitutional residency requirements. This week, the bill advanced out of committee by a 5-1 vote (with 1 abstention). The sponsor read from… Continue reading

“Texting Through an Insurrection”

February 16, 2022, 7:15 amchicanery, election subversion riskRick Hasen

WaPo: These and thousands of other frantic, ephemeral text messages that might have otherwise been lost to history are now key to piecing together the most vivid and comprehensive picture to date of the events surrounding the chaos… Continue reading

“Bill that would make it a crime for some to lie about election results dies in WA Senate”

February 16, 2022, 7:07 amcheap speechRick Hasen

The Seattle Times reports.

“A bipartisan deal to stop Trumpian election subversion? Not so fast.”

February 16, 2022, 7:01 amelection subversion risk, electoral collegeRick Hasen

Politico: Joe Manchin is ready to speed up a bipartisan deal to combat election subversion. His friends in the GOP don’t share his sense of urgency.Manchin wants to get what’s known in the Capitol as a “framework” as soon… Continue reading

“They used to just run elections. Now they fight foreign agents.”

February 16, 2022, 6:57 amcheap speech, election administrationRick Hasen

Zach Montellaro for Politico: Voting for the 2022 midterms is already underway, and the nation’s top election officials are caught fighting a two-front war: Battling disinformation stemming from the last election, while simultaneously preparing for the next one.The officials… Continue reading

Have Small Donors Damaged Beto O’Rourke’s Election Prospects in the TX Governor’s Race?

February 16, 2022, 5:14 amUncategorizedRichard Pildes

Sarah Isgur has a long essay on Texas politics, at The Sweep, which is part of the The Dispatch and behind a paywall. The piece asserts that O’Rourke’s pursuit of small donors in his presidential bid led him to positions… Continue reading

“Opposition Research Goes Hyperlocal; The liberal group American Bridge is launching a new project to collect information for campaigns against Republicans running for state and local offices.”

February 15, 2022, 4:23 pmelection subversion riskRick Hasen

NYT: Some of the loudest Stop the Steal voices on the right are actually far removed from the levers of America’s election machinery. When a member of Congress makes false claims about hacked voting machines or stolen ballots, he… Continue reading

“Opinion | Why Democrats Shouldn’t Say the Midterms Will Be Illegitimate”

February 15, 2022, 4:15 pmelection subversion riskRick Hasen

David Levine Politico oped: But supporters of the bill should stop claiming that the 2022 elections may be “illegitimate” if it does not pass — an argument that President Joe Biden and other top Democrats have at least hinted… Continue reading

“Jan. 6 Inquiry Subpoenas 6 Tied to False Pro-Trump Elector Effort”

February 15, 2022, 3:21 pmelection subversion risk, fraudulent fraud squadRick Hasen

NYT: The House committee investigating the Jan. 6 attack on the Capitol subpoenaed two of Donald J. Trump’s campaign aides and Republican Party officials from battleground states on Tuesday as it dug deeper into a plan to use false… Continue reading

Majority, Concurring, and Dissenting Opinion Issued in North Carolina Partisan Gerrymandering Case

February 15, 2022, 1:28 pmredistrictingRick Hasen

When the NC Supreme Court recently rejected the state’s congressional and state legislative maps as an unconstitutional partisan gerrymander under the state constitution, the court promised opinions to follow. You can now find 217 pages of opinions at this link… Continue reading