Monthly Archives: October 2022

“Election deniers could make deep changes to Arizona voting”

October 20, 2022, 7:58 amelection subversion riskRick Hasen

AP: Gathered at a table in the state Capitol a little less than two years ago, two Republicans and a Democrat took part in a ceremony prescribed by state law that made official Joe Biden’s 10,500-vote victory in Arizona’s 2020… Continue reading

Joining NBC News/MSNBC as Election Law Analyst for the 2022 Elections

October 20, 2022, 7:57 amUncategorizedRick Hasen

Announcement: .@Rickhasen, an internationally recognized expert in election law and campaign finance regulation, has joined @MSNBC as an Election Law Analyst. Tonight he discussed the upcoming midterm election with @chrislhayes. WATCH: pic.twitter.com/pmUHadbNT1— MSNBC Public Relations… Continue reading

The term “Congress,” like the term “legislature,” Means Different Things in Different Constitutional Provisions

October 20, 2022, 7:32 amUncategorizedRichard Pildes

A major issue in the Moore v. Harper case and about the independent state legislature theory (ISLT) more generally is whether the term “legislature” must mean the same thing in all the constitutional provisions that use it. In addressing that… Continue reading

“Pro-Trump conspiracy theorists hound election officials out of office”

October 19, 2022, 5:43 pmUncategorizedRick Hasen

Reuters: Last year, as documented by Reuters, U.S. election officials endured an onslaught of intimidation by Trump’s supporters after the 2020 election. This year, they’re facing well-funded campaigns such as the one in Washoe. Officials who resist baseless stolen-election claims… Continue reading

“Videos Show Confusion as Florida Police Arrest People on Voter Fraud Charges”

October 19, 2022, 5:39 pmUncategorizedRick Hasen

NYT: Gov. Ron DeSantis of Florida announced in August “a first salvo” of criminal charges in what he called a long-overdue crackdown on voter fraud by his newly created Office of Election Crimes and Security.But recently released body camera… Continue reading

“Only 1 in 4 Election Websites Uses the .gov Domain. That’s a Problem — and an Opportunity”

October 19, 2022, 2:42 pmUncategorizedRick Hasen

New from CDT. See also this from WaPo.

“Inside Steve Bannon’s ‘disturbing’ quest to radically rewrite the US constitution”

October 19, 2022, 2:39 pmUncategorizedRick Hasen

The Guardian: Steve Bannon, the former chief strategist in the Trump White House who is at the forefront of the Republican march toward hard-right populism, is throwing his weight behind a movement to radically rewrite the US constitution.Bannon has… Continue reading

Judge in John Eastman Case Finds Trump Likely Committed a Crime by Signing False Verification About Voter Fraud in Georgia During 2020 Election Contest

October 19, 2022, 12:02 pmchicanery, election subversion risk, fraudulent fraud squadRick Hasen

From the court’s order: Four emails demonstrate an effort by President Trump and his attorneys to press false claims in federal court for the purpose of delaying the January 6 vote. The evidence confirms that this effort was undertaken… Continue reading

Watch Archived Video of Panel on “Social Media and Democracy” at the Ninth Circuit Judicial Conference

October 19, 2022, 11:50 amUncategorizedRick Hasen

I was glad to participate in this panel: How does social media impact democracy? Social media platforms perform a valuable public forum function. They can unite people, generate social empathy, mobilize political action, amplify important issues and voices that… Continue reading

“The Conservative Stalwart Challenging the Far-Right Legal Theory That Could Subvert American Democracy”

October 19, 2022, 11:35 amlegislation and legislatures, Supreme CourtRick Hasen

Jane Mayer in the New Yorker: A powerful new litigant has joined one of the most momentous cases slated to be heard by the Supreme Court this term. The respondents in the case of Moore v. Harper filed a… Continue reading

Non-State Respondents File Consolidated Brief on the Merits in Moore v. Harper Case (Updated to include link to state brief)

October 19, 2022, 11:32 amlegislation and legislatures, Supreme CourtRick Hasen

You can find it here. Update: You can find the state brief here. I post some thoughts on the non-state brief here.

“An Urgent Call to the Bar for Action to Protect our Elections: Now, During the Midterms and Beyond (Video)”

October 19, 2022, 11:31 amUncategorizedRick Hasen

NYC Bar event, including Bauer and Ginsberg. More here from NYC bar on election protection.

“Many remain critical of state of US democracy: AP-NORC poll”

October 19, 2022, 7:38 amUncategorizedRick Hasen

AP: Many Americans remain pessimistic about the state of U.S. democracy and the way elected officials are chosen — nearly two years after a divisive presidential election spurred false claims of widespread fraud and a violent attack on the … Continue reading

“Some Republicans Want to Count Votes by Hand. Bad Idea, Experts Say.”

October 19, 2022, 7:37 amvoting technologyRick Hasen

NYT: Over the past two years, Republicans have pursued an array of changes to how Americans vote. The past few weeks have drawn attention to a particularly drastic idea: counting all ballots by hand.Officials in Cochise County, Ariz., recently pushed… Continue reading

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The law of politics and the politics of law