Monthly Archives: July 2022

“What would happen if the secretary of state were to refuse to certify Nevada’s election results?”

July 18, 2022, 6:25 amUncategorizedNed Foley

Las Vegas Sun has a very deep dive on the risk of election denialists becoming Secretaries of State. Prompted specifically by Republican Jim Marchant running for that office in Nevada, the article takes a national as well as state-specific look… Continue reading

Over to you, Ned

July 17, 2022, 9:53 pmUncategorizedDan Tokaji

Thanks to Rick for inviting me to guest-blog the last two weeks. Always a pleasure. Ned Foley is up next, so please feel free to send him any content suggestions.

Is this the year for election-denying candidates?

July 17, 2022, 7:30 pmelection subversion riskDan Tokaji

The Atlantic, on Mark Finchem of Arizona and others running on Trump’s Big Lie: You’d think that by now, Mark Finchem would be tired of subverting American democracy. For nearly two years, the Arizona state lawmaker has pushed Donald… Continue reading

“US election deniers promoting democracy abroad defies reason”

July 17, 2022, 7:22 pmelection subversion riskDan Tokaji

Larry Garber and Edward McMahon in the Hill: [W]e are concerned that efforts to advance democracy abroad may be compromised by board members of publicly-funded U.S. democracy promotion organizations who deny the legitimacy of the 2020 elections. This concern… Continue reading

“No major problems with ballot drop boxes in 2020, AP finds”

July 17, 2022, 7:18 pmabsentee ballots, fraudulent fraud squadDan Tokaji

AP: “The expanded use of drop boxes for mailed ballots during the 2020 election did not lead to any widespread problems, according to an Associated Press survey of state election officials across the U.S. that revealed no cases of… Continue reading

2022 Supplements to Laycock and Hasen, Modern American Remedies 5th Edition, and to Concise 5th Edition, Now Available for Free Download

July 17, 2022, 1:41 pmRemediesRick Hasen

You and find the 2022 Teachers’ Update to Laycock & Hasen, Modern American Remedies (5th edition) at this link. You can find the Teachers’ Update to the Concise 5th Edition at this link. Both are up to date through… Continue reading

Excerpts of My Interview with Ayman on MSNBC Talking About UCLA Law’s Safeguarding Democracy Project and Ongoing Threats to Fair Elections in U.S.

July 17, 2022, 1:14 pmUncategorizedRick Hasen

You can watch here. "We have to have procedures and safeguards in place. People need to be vigilant to ensure we have a pathway where the winner of the election is actually the winner."@rickhasen joins @AymanM to discuss election… Continue reading

“Justice Dept. backs House over Jan. 6 subpoena to Meadows”

July 17, 2022, 8:55 amUncategorizedNed Foley

POLITICO reports on this “landmark filing” from DOJ, supporting the obligation of Meadows to testify to the House’s January 6 select committee. The filing is well worth reading and reflects the typically high quality of DOJ’s lawyering. There… Continue reading

Bannon’s Precinct Strategy

July 17, 2022, 6:38 amcheap speech, election administration, election subversion riskDan Tokaji

For your weekend reading or listening (I won’t say pleasure): Vox’s Sean Illing has this interview with Jennifer Senior, who recently wrote an in-depth feature on Steve Bannon for the Atlantic. Here’s an especially interesting excerpt from the interview with… Continue reading

“Little-Known Lawyer Pitched Trump on Extreme Plans to Subvert Election”

July 16, 2022, 10:55 amelection subversion riskDan Tokaji

NYT: “The lawyer, William J. Olson, … promot[ed] several extreme ideas to the president. Mr. Olson later conceded some of them could be regarded as tantamount to declaring ‘martial law’ and could even invite comparisons with Watergate. The plan… Continue reading

“Parroting Trump, GOP primary losers cast doubt on elections”

July 16, 2022, 10:52 amelection subversion risk, fraudulent fraud squadDan Tokaji

AP: “[T]his year’s Republican primaries … have revealed a new political strategy among numerous candidates: running on a platform that denies President Donald Trump’s defeat two years ago. As some of those candidates lose their own races, they are… Continue reading

Pildes: “It’s not just us. Western democracies are fragmenting.”

July 16, 2022, 6:12 ampolitical parties, political polarizationDan Tokaji

Rick Pildes, in the Wash Post: Three major elections on the same Sunday in June — in France, Colombia and Spain — tell the fundamental story of democracy in our era: the continuous disaffection with government, the collapse of… Continue reading

Line-Drawing in the “Independent State Legislature” Context?

July 16, 2022, 6:03 amUncategorizedNed Foley

To follow up on my previous post on this topic, it’s worth considering whether the meaning of the term “legislature” in the relevant Elections and Electors Clauses of Articles I and II should be considered nonjusticiable under the political… Continue reading

“Jan. 6 committee subpoenas Secret Service for missing records”

July 16, 2022, 5:58 amelection subversion risk, legislation and legislaturesDan Tokaji

WaPo: The House select committee investigating the Jan. 6, 2021, attack on the U.S. Capitol issued a subpoena to the U.S. Secret Service on Friday requesting records after a government watchdog accused the agency of erasing texts from Jan.… Continue reading