Did the Colorado Secretary of State help revitalize the Moore v. Harper issue ahead of the Trump v. Anderson oral argument?

February 4, 2024, 5:15 amballot access, Supreme CourtDerek Muller

In my recent rundown of arguments raised in Trump v. Anderson, I noted that the Legislature Thereof Clause argument–that the state court in Colorado botched the interpretation of state law so badly that it mangled the legislature’s preferences (an open… Continue reading

“Georgia Lt. Gov. Jones accused of seeking election server access in 2020”

February 2, 2024, 11:59 amchicanery, election subversion riskRick Hasen

AJC: Republican Lt. Gov. Burt Jones allegedly sought access to election computers in Butts County after the 2020 election, an effort that, if successful, would have been illegal, according to emails among state election officials that were shown in court… Continue reading

Federal District Court Rejects Argument that North Dakota’s Acceptance of Ballots Postmarked by Election Day but Arriving After Election Day Violates Federal Law

February 2, 2024, 11:55 amUncategorizedRick Hasen

So surprise on the result. This was decided on standing grounds. I expect a similar loss for the RNC’s case in Mississippi, as I told the AP reporter.

“Trump ally emerged from shadows to deal blow to Ga. case against former president”

February 2, 2024, 11:01 amchicaneryRick Hasen

WaPo deep dive on Mike Roman.

“Fani Willis admits relationship with prosecutor on Trump Georgia case”

February 2, 2024, 10:22 amconflict of interest lawsRick Hasen

WaPo: Fulton County District Attorney Fani T. Willis (D) admitted she had a personal relationship with an outside prosecutor she appointed to manage the election interference case against former president Donald Trump and his allies but denied claims that the… Continue reading

“A fake recording of a candidate saying he’d rigged the election went viral. Experts say it’s only the beginning”

February 2, 2024, 7:21 amcheap speech, chicaneryRick Hasen

CNN: Days before a pivotal election in Slovakia to determine who would lead the country, a damning audio recording spread online in which one of the top candidates seemingly boasted about how he’d rigged the election. And if that wasn’t… Continue reading

“The Nuanced Challenges of the U.S. Election Assistance Commission”

February 2, 2024, 7:19 amelection administrationRick Hasen

BPC: The U.S. Election Assistance Commission (EAC) is once again in the limelight. The EAC has faced extensive criticism since its creation in 2002: It has been accused of political bias in its reporting, hiring discrimination, technical inadequacy, inefficiency, … Continue reading

Trump v. Anderson: the election law case that wasn’t (but might be)

February 2, 2024, 5:27 amballot accessDerek Muller

I have long treated Trump v. Anderson (and related cases) as an election law case first, and as a separate substantive constitutional law (or Section 3) case second. I’ve long had this view on these qualifications cases, stretching back a… Continue reading

State NON-Enforcement of the Constitution’s Eligibility Rules for Presidents & the Twentieth Amendment?

February 1, 2024, 5:12 pmUncategorizedNed Foley

In the most recent episode of his podcast in which Rick H was his guest (and which I highly recommend for its discussion of Rick’s new book as well as the pending Colorado case), Chuck Todd asked Rick what would… Continue reading

“The winner-take-all incentives that have racially polarized America – and led to Trump”

February 1, 2024, 4:05 pmpolitical polarizationRick Hasen

Steven Hill: Amidst all the ink and electrons reporting on the bitter partisan divisions that gnaw at America today, what has been missing is due recognition of how extreme policy positions and failure to compromise are incited by certain fundamental… Continue reading

“Republican lawsuits challenge mail ballot deadlines. Could they upend voting across the country?”

February 1, 2024, 10:44 amabsentee ballotsRick Hasen

AP: Republicans are challenging extended mail ballot deadlines in at least two states in a legal maneuver that could have widespread implications for mail voting before the presidential election in November. A lawsuit filed last week in Mississippi follows a… Continue reading

Amicus brief of former GOP members of Congress in the Trump-Colorado case

January 31, 2024, 12:35 pmUncategorizedNed Foley

A dozen former Republican members of Congress have submitted an amicus brief in support of respondents, urging the U.S. Supreme Court in Trump v. Anderson to affirm the disqualification of Trump. Although the brief submitted on behalf of Ben Ginsberg,… Continue reading

Weiser & Wolf: “Responding to Trump’s Moore/Independent State Legislature Theory Claim in Trump v. Anderson”

January 31, 2024, 11:01 amballot access, election subversion risk, Supreme CourtRick Hasen

The following is a guest post from Wendy Weiser and Tom Wolf of the Brennan Center: At the end of his merits brief in Trump v. Anderson, Trump argues that the Colorado Supreme Court violated the federal Electors Clause when… Continue reading

W & L Symposium: “Voting in a Politically Polarized Era”

January 31, 2024, 10:58 amUncategorizedRick Hasen

So sorry I’ll have to miss this: On Friday, February 16, the Washington and Lee Law Review will host the 2024 Lara D. Gass Symposium, entitled “Voting Rights in a Politically Polarized Era.” This Symposium will explore various… Continue reading