“G.O.P. Declares Jan. 6 Attack ‘Legitimate Political Discourse’”

February 4, 2022, 10:18 amUncategorizedRichard Pildes

NYT: The Republican Party on Friday officially declared the Jan. 6, 2021, attack on the Capitol and events that led to it “legitimate political discourse,” formally rebuking two lawmakers in the party who have been most outspoken in condemning the… Continue reading

The Institutional Context of the New GOP

February 4, 2022, 9:11 amalternative voting systems, election subversion riskNed Foley

Rick Pildes has highlighted the significance of the Axios story on the transformed Republican Party. I want to add one more point (which is a version of the question I plan to ask a lot this year): would it be… Continue reading

Analysis: In 2020 Pre-Election Litigation (Before Trump Tried to Overturn Election), Democratic and Voting Rights Organizations Ultimately Lost Election Law Cases “By a Ratio of More than 7 to 1”

February 4, 2022, 8:49 amelection administration, The Voting WarsRick Hasen

Even as someone who follows this litigation closely, I was astounded by this detailed analysis passed along by a knowledgeable reader: There is no question that the 2020 election gave rise to more litigation than any election in modern history. … Continue reading

“As Part of Electoral Count Act Reform, Liberals Should Learn to Love Bush v. Gore”

February 4, 2022, 8:38 amelection subversion risk, UncategorizedRichard Pildes

From Ned Foley, at LawFare: The big fear from many liberals is that revising the Electoral Count Act (ECA), to prevent Congress from negating a Democratic presidential candidate’s valid victory in the way that Sen. Josh Hawley and Rep.… Continue reading

“As Part of Electoral Count Act Reform, Liberals Should Learn to Love Bush v. Gore”

February 4, 2022, 8:25 amelection subversion riskNed Foley

Lawfare has posted an essay I’ve written on the essential role of federal courts in stopping election subversion by state officials and how this essential role fits in with ECA reform.

“Right’s new media powers”

February 4, 2022, 7:59 amUncategorizedRichard Pildes

More from the Axios story: An important shift is accelerating online: Many GOP primary voters now get their information directly from influencers including Candace Owens, Dan Bongino, Joe Rogan, Dave Portnoy, Charlie Kirk, Marjorie Taylor Greene — and websites including… Continue reading

“G.O.P. Lawsuit Casts N.Y. Congressional Maps as Brazen Gerrymandering”

February 4, 2022, 7:57 amredistrictingRick Hasen

NYT: A Republican-led group of voters filed a lawsuit late Thursday challenging New York’s freshly drawn congressional maps as unconstitutional, a day after Democratic lawmakers in Albany approved district lines that would heavily favor their party in its battle to… Continue reading

“The making of a modern Republican”

February 4, 2022, 7:56 amUncategorizedRichard Pildes

From Axios: Paths to power and winning electionsinside the GOP are changing rapidly and radically, spawning a new generation of kingmakers while diminishing the clout of many who lorded over the party for years. Why it matters: Fourteen of the… Continue reading

“Pamela Moses, a Black woman, has been sentenced to six years in prison because of a voting error. Meanwhile, white individuals who are known to have committed blatant voter fraud have only received probation.”

February 4, 2022, 7:32 amfelon votingRick Hasen

Watch Janai Nelson discuss this case on Maddow. Sam Levine: Over the last few months, I’ve been following the case of Pamela Moses, a 44-year-old activist in Memphis who was convicted in November for trying to register to vote… Continue reading

“Arizona Republican House speaker effectively dooms GOP bill to allow state legislature to reject election results”

February 4, 2022, 7:03 amelection subversion riskRick Hasen

CNN: A Republican bill that would have overhauled elections in Arizona — including giving the state legislature the power to reject election results — proved to be too much even for state GOP leaders this week.Arizona House Speaker… Continue reading

District Court in Alabama Redistricting Lawsuit Appoints Richard Allen and Nate Persily to Draw Alabama Congressional Districts, IF There’s No Stay from SCOTUS

February 3, 2022, 2:08 pmUncategorizedRick Hasen

You can find the order at this link. (There are two virtually identical orders in related cases.)

Alabama, in Its Stay Application Before the Supreme Court, Asks the Conservative Court to Cut Back the Scope of Voting Rights Act in Redistricting Cases, With Potentially Major Voting Rights Implications

February 3, 2022, 1:43 pmredistricting, Supreme Court, Voting Rights ActRick Hasen

I have now had a chance to review Alabama’s request for stays in 2 related cases (21A375 and 21A376). This post is going to get wonky and technical, so let me begin with the bottom line: if and… Continue reading

“A top GOP Senate candidate walks ‘rigged election’ tightrope in Nevada”

February 3, 2022, 1:06 pmUncategorizedRichard Pildes

From NBC: No top Nevada Republican has raised more doubts about the state’s elections system than U.S. Senate candidate Adam Laxalt, the former state attorney general who still says the 2020 presidential race was “rigged” after having fruitlessly tried to… Continue reading

“Legislative Leaders in Arizona, Wisconsin Were Sent Memos Regarding the Ability of State Lawmakers to Alter Selection of Electors Following 2020 Election”

February 3, 2022, 9:35 amUncategorizedRichard Pildes

From American Oversight: Memos obtained by American Oversight show that in the weeks before Trump supporters in several states gathered to falsely proclaim themselves the true presidential electors in the 2020 election, legislative leaders in Arizona and Wisconsin… Continue reading

Election Law Blog

The law of politics and the politics of law

“G.O.P. Declares Jan. 6 Attack ‘Legitimate Political Discourse’”

The Institutional Context of the New GOP

Analysis: In 2020 Pre-Election Litigation (Before Trump Tried to Overturn Election), Democratic and Voting Rights Organizations Ultimately Lost Election Law Cases “By a Ratio of More than 7 to 1”

“As Part of Electoral Count Act Reform, Liberals Should Learn to Love Bush v. Gore”

“As Part of Electoral Count Act Reform, Liberals Should Learn to Love Bush v. Gore”

“Right’s new media powers”

“G.O.P. Lawsuit Casts N.Y. Congressional Maps as Brazen Gerrymandering”

“The making of a modern Republican”

“Pamela Moses, a Black woman, has been sentenced to six years in prison because of a voting error. Meanwhile, white individuals who are known to have committed blatant voter fraud have only received probation.”

“Arizona Republican House speaker effectively dooms GOP bill to allow state legislature to reject election results”

District Court in Alabama Redistricting Lawsuit Appoints Richard Allen and Nate Persily to Draw Alabama Congressional Districts, IF There’s No Stay from SCOTUS

Alabama, in Its Stay Application Before the Supreme Court, Asks the Conservative Court to Cut Back the Scope of Voting Rights Act in Redistricting Cases, With Potentially Major Voting Rights Implications

“A top GOP Senate candidate walks ‘rigged election’ tightrope in Nevada”

“Legislative Leaders in Arizona, Wisconsin Were Sent Memos Regarding the Ability of State Lawmakers to Alter Selection of Electors Following 2020 Election”