Jan. 27 Brennan Center Event on the Elections Clause and the Midterms

January 26, 2022, 3:57 pmUncategorizedRick Hasen

This looks great: Trump’s Big Lie has convinced a staggering number of Americans that the 2020 presidential election was “stolen” — and now some states are trying to create new rules that would allow them to control election… Continue reading

My Candidates For Justice Breyer’s Two Most Important “Law of Democracy” Opinions

January 26, 2022, 11:24 amUncategorizedRichard Pildes

Two decisions involving race, partisanship, and redistricting stand out for me as Justice Breyer’s two most consequential election-law opinions for the Court. If we take them in chronological order, the first is Easley v. Cromartie, a 5-4 decision out of… Continue reading

Matthew Seligman: “A Realistic Risk Assessment of ECA Manipulation in 2024”

January 26, 2022, 11:06 amelection subversion risk, electoral collegeRick Hasen

The following is a guest post from Matthew Seligman: Congress suddenly seems focused on reforming the Electoral Count Act as a fragile bipartisan consensus is emerging that the ECA is broken and must be fixed. Critical questions remain about… Continue reading

Justice Breyer’s Most Significant Election Law Opinion

January 26, 2022, 10:40 amcampaign finance, Supreme CourtRick Hasen

With Justice Stephen Breyer’s upcoming retirement from the Supreme Court, it seems appropriate to offer some words about his legacy in the area of election law. Here is an initial post, and I suspect other ELB contributors will weigh in.… Continue reading

“Black and Latino voters have been shortchanged in redistricting, advocates and some judges say”

January 26, 2022, 7:03 amredistricting, Voting Rights ActRick Hasen

WaPo: New congressional maps are completed in more than half the country, and so far Democrats have been spared the redistricting losses they endured a decade ago, a small mercy for their efforts to cling to their fragile House… Continue reading

AJC Must-Read: “Secret report finds flaw in Georgia voting system, but state shows no interest”

January 26, 2022, 6:57 amchicanery, election administration, voting technologyRick Hasen

Mark Niesse for the AJC: A confidential report alleges that hackers could flip votes if they gained access to Georgia’s touchscreens, drawing interest from the U.S. Department of Homeland Security, Louisiana election officials and Fox News.One key agency hasn’t asked… Continue reading

“Cawthorn Challenge Raises the Question: Who Is an ‘Insurrectionist’?”

January 26, 2022, 6:54 amThe Voting WarsRick Hasen

NYT: A group of lawyers is working to disqualify from the ballot a right-wing House Republican who cheered on the Jan. 6 rioters unless he can prove he is not an “insurrectionist,” disqualified by the Constitution from holding office,… Continue reading

“Former Pa. Treasurer Barbara Hafer’s PAC collected $2.3 million from investments, paid daughter $500K since she left office”

January 26, 2022, 6:41 amcampaign finance, chicaneryRick Hasen

Nice work if you can get it dep’t: In the 17 years since Barbara Hafer served in elected office, she’s all but disappeared from Pennsylvania politics.A Republican elected four times to statewide office, she was never again on a ballot… Continue reading

“Special report: How Stefanik won power and support for spreading Trump’s ‘Big Lie’”

January 26, 2022, 6:31 amelection subversion risk, fraudulent fraud squadRick Hasen

North Country Public Radio reports.

“New group raises false specter of election fraud in Orange County”

January 25, 2022, 4:40 pmfraudulent fraud squadRick Hasen

The OC Register reports.

“In a Georgia County, Deep Distrust Over a Plan to Close Polling Places”

January 25, 2022, 3:59 pmUncategorizedRick Hasen

Richard Fausset for the NYT: The showdown over voting rights in the U.S. Senate may be over for now. But the issue is still smoldering in a stretch of Northeast Georgia countryside where local officials recently introduced a plan to… Continue reading

“Steve Bannon was deplatformed. An obscure media mogul keeps him on the air.”

January 25, 2022, 2:29 pmUncategorizedRick Hasen

WaPo: Two years after being cast out of the White House, Stephen K. Bannon spoke from a steep, dusty hill outside El Paso, asking for donations. The former investment banker and Hollywood producer wanted cash in 2019 for his… Continue reading

“Exclusive: Federal prosecutors looking at 2020 fake elector certifications, deputy attorney general tells CNN”

January 25, 2022, 2:28 pmUncategorizedRick Hasen

CNN: Federal prosecutors are reviewing fake Electoral College certifications that declared former President Donald Trump the winner of states that he lost, Deputy Attorney General Lisa Monaco told CNN on Tuesday.“We’ve received those referrals. Our prosecutors are looking… Continue reading

Social Media and Political Extremism

January 25, 2022, 10:12 amUncategorizedRichard Pildes

I’ve been writing about how the communications revolution is one significant factor fueling polarization, the rise of free-agent politicians, and the difficulty of putting together effective political majorities that can legislate. This new data from Axios (which takes it from… Continue reading