Ninth Circuit Holds Montana Disclosure Law Unconstitutionally Vague, as Applied

July 6, 2022, 4:29 pmcampaign financeDan Tokaji

The majority and dissenting opinions in Butcher v. Knudsen are here. From Judge Bress’s opinion for the majority (joined by Judge Ikuta): Two retirees, Ed Butcher and Lonny Bergstrom, operate a website that tracks the voting records of Republican… Continue reading

Information for Student Voters

July 6, 2022, 3:45 pmvoter registrationDan Tokaji

BestColleges and VoteAmerica have created this page to help students get registered and navigate the voting process.

The Independent State Legislature Theory’s Greatest Threat to Democracy

July 6, 2022, 8:56 amelection subversion riskDan Tokaji

From Greg Sargent’s column in the Washington Post: “One nightmare scenario is that a Republican state legislature, potentially with a Trumpist governor, passes a law saying the state legislature itself is the final canvassing board for the state,” Matthew Seligman,… Continue reading

“The insurrectionists’ clubhouse: Former Trump aides find a home at a little-known MAGA hub”

July 6, 2022, 7:59 amcampaign finance, election subversion riskDan Tokaji

Grid: Founded in 2017, [the Conservative Partnership Institute] is little-known outside Trump circles, yet it has quickly become among the most powerful political messaging forces in the MAGA universe. The group did not respond to questions submitted by Grid… Continue reading

“A third Dane County judge orders Michael Gableman to stop deleting records related to 2020 election review”

July 6, 2022, 7:46 amfraudulent fraud squadDan Tokaji

Milwaukee Journal Sentinel: “Another judge is ordering the embattled former Supreme Court justice leading Assembly Republicans’ review of the 2020 election to stop deleting records related to his probe. The order, issued Tuesday by Dane County Circuit Judge Jacob… Continue reading

“Reform the Electoral Count Act”

July 6, 2022, 7:42 amelectoral collegeDan Tokaji

Josiah Daniel op-ed in the Dallas Morning News.

Medal of Freedom for Fred Gray

July 6, 2022, 5:57 amUncategorizedDan Tokaji

Jonathan Entin has this piece in The Conversation on legendary civil rights lawyer Fred Gray, who will receive the Presidential Medal of Freedom tomorrow. His client Martin Luther King, Jr. once called Gray “the chief counsel for the protest movement.”… Continue reading

“Bombshell Jan. 6 Testimony Could Hurt a Justice Department Prosecution”

July 6, 2022, 4:32 amelection subversion riskDan Tokaji

Ankush Khardori in Politico: By letting Congress apparently take the lead in investigating Trump and his inner circle and by doing a poor job of coordinating its efforts with the Jan. 6 committee, the department has undermined its own… Continue reading

Washington Post on Independent State Legislature Theory

July 5, 2022, 9:46 pmlegislation and legislatures, Supreme CourtDan Tokaji

WaPo editorial: “The decision to hear Moore v. Harper could lead to an erosion of voting rights and an increasing likelihood of election interference…. It could also create manifold opportunities for mischief of the sort then-President Donald Trump and… Continue reading

“Fulton grand jury subpoenas Giuliani, Graham, Trump campaign lawyers”

July 5, 2022, 9:19 pmelection subversion riskDan Tokaji

From the Atlanta Journal-Constitution: The Fulton County special grand jury investigating potential criminal interference in Georgia’s 2020 elections has subpoenaed key members of former President Donald Trump’s legal team, including his personal lawyer Rudy Giuliani, according to copies obtained by… Continue reading

A Historical Challenge to the Independent State Legislature Theory

July 5, 2022, 9:13 pmlegislation and legislatures, Supreme Court, UncategorizedDan Tokaji

Sean Daly (MA, Political Science, NIU) shares these thoughts: In the 1930s the Court unanimously decided Smiley v. Holm, Secretary of State, 285 U.S. 355 (1932), Koenig et al. v. Flynn, Secretary of State, et al., 285 U.S. 375 (1932),… Continue reading

DOJ Challenges AZ Voter Registration Law

July 5, 2022, 9:01 pmvoter registrationDan Tokaji

From the press release: The Justice Department announced today that it has filed a lawsuit against the State of Arizona challenging voting restrictions imposed by House Bill 2492 (2022), a recently-enacted law set to take effect in January 2023.… Continue reading

“Kobach looks for comeback in Kansas after losing 2 big races”

July 5, 2022, 8:53 pmelection administrationDan Tokaji

AP: Kansas voters have said no to Kris Kobach twice over the past four years. But he is nonetheless betting that this can be the year he makes a political comeback.His losses, including a 2018 defeat that handed the… Continue reading