“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

“Why Voter Suppression Probably Won’t Work”

February 3, 2022, 8:12 amUncategorizedRichard Pildes

This analysis is from Emory’s Alan Abramowitz, published at Sabator’s Crystal Ball for the UVa Center for Politics: KEY POINTS FROM THIS ARTICLE — In the aftermath of the high-turnout 2020 election, many Republican-controlled state governments have passed legislation that… Continue reading

UCI Law Feb. 22 Virtual Event: Fair Elections and Free Speech Lecture by Rep. Jamie Raskin

February 3, 2022, 7:32 amUncategorizedRick Hasen

Free registration required: Tuesday, February 22 at 12:00pm to 1:00pm Virtual EventJamie Raskin, Congressman for Maryland’s 8th Congressional District in the U.S. House of Representatives will will present on “Constitutional Patriotism, the Failures of Partisanship, and the Future of American Democracy” followed by… Continue reading

Matthew Seligman: The Draft Electoral Count Modernization Act’s Chain-of-Custody Approach

February 3, 2022, 7:09 amelection subversion risk, electoral collegeRick Hasen

The following is a guest post from Matthew Seligman: Now that we’ve had a day or two to digest the draft Electoral Count Modernization Act released by Senators King, Klobuchar, and Durbin, I see better what it’s trying to… Continue reading

“Trump interference exacerbates GOP split on election reforms”

February 3, 2022, 6:48 amUncategorizedRichard Pildes

Politico: Donald Trump’s attacks on the bipartisan Senate effort to prevent unsubstantiated and solo objections to presidential ballots are accentuating a GOP split over whether the work is even worth pursuing. The bipartisan group working on reform of the law… Continue reading

Election Law Blog

The law of politics and the politics of law