“Attorney asks Oklahoma Supreme Court to halt special election to replace Inhofe”

March 11, 2022, 7:02 amelection administrationDerek Muller

Last month, I wondered whether the Seventeenth Amendment allowed Oklahoma to hold a special election for the future vacancy of Senator Jim Inhofe. Now, details of a lawsuit from the Tulsa World: One of Oklahoma’s best-known attorneys is asking… Continue reading

Watch Archived Video of National Constitution Center Event, “Elections, Speech, and Political Disinformation”

March 11, 2022, 6:56 amcheap speechRick Hasen

National Constitution Center: What are the leading proposals to combat election disinformation and are they consistent with the First Amendment? Richard L. Hasen, leading election law expert and author of Cheap Speech: How Disinformation Poisons Our Politics—and How to… Continue reading

“Judge blocks GOP-backed redistricting lawsuit for 2022 election”

March 11, 2022, 3:59 amUncategorizedRichard Pildes

From The Nevada Independent: Republican-backed efforts to challenge Nevada’s electoral maps in court on the heels of redistricting are likely on ice for the 2022 election cycle. A decision by Senior District Judge Robert Estes during a virtual hearing Wednesday… Continue reading

“2020 Was a Banner Year for U.S. Election Administration; MIT’s Election Performance Index shows improvement across the board.”

March 10, 2022, 3:46 pmelection administrationRick Hasen

EPI: Despite widespread claims that the 2020 election was fraudulent or poorly managed, election administration did not just persevere under unexpected and challenging conditions—it improved.The 2020 election was an anomaly in many ways, but the Election Performance Index (EPI) shows… Continue reading

“Mailed ballots boosted 2020’s turnout — will they work in 2022?”

March 10, 2022, 3:38 pmUncategorizedRichard Pildes

Steve Rosenfeld at The Fulcrum reports on a forthcoming paper on turnout and mail-in voting: States that mailed a ballot to every registered voter in 2020’s presidential election saw voter turnout increase by an average of 5.6 percent, and turnout… Continue reading

“Billionaire-Backed Group Enlists Trump-Supporting Citizens to Hunt for Voter Fraud Using Discredited Techniques”

March 10, 2022, 11:26 amfraudulent fraud squadRick Hasen

ProPublica: Ever since Trump failed to convince the world that he lost the 2020 election because of fraud, like-minded people across the country have been taking up the same rallying cry, revisiting that vote with an eye toward what… Continue reading

Wisconsin Republican Members of Congress File Emergency Supreme Court Petition to Block New Wisconsin Congressional Districts Ordered by State Supreme Court (Link to Petition)

March 10, 2022, 8:47 amredistricting, Supreme CourtRick Hasen

The petition raises due process and one person, one vote arguments, so different than other recent challenges to congressional districting done by state supreme courts and challenged at SCOTUS.

Can Congress adjudicate disputes on the validity of electoral votes?

March 10, 2022, 6:41 amelectoral collegeDerek Muller

Former federal judge J. Michael Luttig writes in a recent New York Times op-ed, “Nothing in the Constitution empowers Congress to decide the validity of the electoral slates submitted by the states.” Earlier, he’d written in a Wall Street Journal… Continue reading

“Crossover voting will remain in Wyoming after party affiliation bill dies in Legislature “

March 10, 2022, 4:58 amUncategorizedRichard Pildes

Here’s your daily story from the Caspar (Wyoming) Star Tribune: The Donald Trump-endorsed crossover voting bill died Tuesday in the Wyoming House after it was not considered by a legislative deadline.The bill aimed to end same-day party affiliation changes, meaning… Continue reading

“When should business take a stand?”

March 10, 2022, 4:54 amUncategorizedRichard Pildes

From the Financial Times. Sub-heading: “Companies are under pressure to speak out on a wide range of issues. Doing so while avoiding pitfalls will require them to rethink their approach to politics” Companies are “shell-shocked by the frequency of need… Continue reading

“A Potential Rarity in American Politics: A Fair Congressional Map”

March 10, 2022, 4:43 amUncategorizedRichard Pildes

From Nate Cohn at NYT: In a departure from a decades-long pattern in American politics, this year’s national congressional map is poised to be balanced between the two parties, with a nearly equal number of districts that are expected… Continue reading

“RNC sues January 6 committee to block subpoena of Salesforce records”

March 10, 2022, 4:35 amUncategorizedRichard Pildes

CNN: The Republican National Committee on Wednesday filed a lawsuit against the House select committee investigating the January 6, 2021, insurrection, revealing a recent effort by House investigators to unearth information about how the party and the Trump campaign… Continue reading

“Judge denies Fox News motion to dismiss defamation suit by election-tech company Smartmatic”

March 10, 2022, 4:30 amUncategorizedRichard Pildes

Washington Post: A judge allowed an election technology company’s $2.7 billion defamation lawsuit against Fox News to proceed on Tuesday, though he dismissed specific claims made against host Jeanine Pirro and two of the network’s guests. New York Supreme Court… Continue reading

“The Arizona Republican Trying to Say ‘No’ To Trump — Gently”

March 10, 2022, 4:27 amUncategorizedRichard Pildes

From Politico Magazine: The honking is constant outside Mark Brnovich’s office. For the last four months, a steady group of protesters have set up shop a few days a week, holding signs with slogans relitigating the 2020 election: “Indictments Now… Continue reading