The Missing Middle?

October 25, 2022, 7:00 pmUncategorizedNed Foley

Two weeks out from Election Day, many of the most closely watched and competitive statewide races are between a MAGA Republican and a Democrat. Here are few examples: Arizona’s gubernatorial race between Kari Lake and Katie Hobbs New Hampshire’s Senate… Continue reading

If Pennsylvania used Alaska’s electoral system…

October 25, 2022, 6:15 pmUncategorizedNed Foley

ELB readers know that throughout this year I’ve urged us all to process election-related news with this question in mind: what if the relevant state used Alaska’s new electoral system? (Obviously, this question doesn’t apply to Alaska itself.) Tonight’s debate… Continue reading

My Amicus Brief in Moore v. Harper Case (Independent State Legislature Theory) Filed

October 25, 2022, 3:28 pmlegislation and legislatures, Supreme CourtRick Hasen

You can find the brief here. The Summary of Argument begins: Petitioners’ expansive interpretation of the Elections Clause—the so-called “independent statelegislature” theory—likely will lead to a flood of new federal litigation that will further destabilize American elections and contribute… Continue reading

“A third of 2022 midterm voters may use mailed out-ballots”

October 25, 2022, 2:42 pmUncategorizedRick Hasen

Steven Rosenfeld reports.

Wisconsin: “Pro-Trump Republicans court election volunteers to ‘challenge any vote'”

October 25, 2022, 10:49 amUncategorizedRick Hasen

WaPo: The Republican National Committee and its allies say they have staged thousands of training sessions around the country on how to monitor voting and lodge complaints about next month’s midterm elections. In Pennsylvania, party officials have boasted about… Continue reading

“Running an Election in the Heart of Election Denialism”

October 25, 2022, 10:15 amUncategorizedNed Foley

A must-listen episode of The Daily (NY Times podcast). If you want a sense of what election administration is like right now (and, most especially how it has evolved–meaning deteriorated–in the months since January 2021), you can’t do any better… Continue reading

“The Time to Stop a Runaway Presidency is Before it Starts”

October 25, 2022, 9:59 amUncategorizedRichard Pildes

I’ve posted this essay, at the Yale Journal of Regulation, which is running a symposium on Peter Shane’s new book, “Democracy’s Chief Executive”. My essay is the first of what will be fourteen essays — one a day… Continue reading

Grimmer, Herron, and Tyler: “Evaluating a New Generation of Expansive Claims about Vote Manipulation”

October 25, 2022, 8:16 amUncategorizedRick Hasen

Important new draft from Justin Grimmer, Michael Herron, and Matthew Tyler. Abstract: In the wake of Donald Trump’s attempt to overturn the 2020 presidential election, a cottage industry of conspiracy theorists has advanced ever more expansive claims of vote manipulation,… Continue reading

“Unraveling the unfounded conspiracies about Dominion Voting Systems”

October 25, 2022, 8:12 amUncategorizedRick Hasen

60 Minutes reports. See also Vote by Mail: How One Colorado County Secures Its Ballots.

Boston Globe Series on American Democracy in Crisis

October 25, 2022, 8:10 amUncategorizedRick Hasen

Part 1: “America’s Election Workers Are Leaving in Droves” Part 2: “In the wake of Trump’s lies, a brain drain of local election experience in Georgia” Part 3: “Elections weren’t in a healthy state pre-2020. Now, we’re pushing them to … Continue reading

“How ‘Stop the Steal’ Became ‘Watch the Polls'”

October 24, 2022, 2:40 pmchicanery, election subversion riskRick Hasen

TIME reports.

“Congress,” the Presentment Clauses, and Moore v. Harper

October 24, 2022, 12:37 pmlegislation and legislaturesDerek Muller

I appreciate the posts from Professor Rick Pildes and Professor Michael Herz on the nature of “Congress” under the Elections Clause, but I take a different approach. I don’t think “Congress” means different things in different parts of the Constitution.… Continue reading

Amar Brothers and Steven Calabresi (of Federalist Society Origins) File Moore v. Harper Brief Excoriating the “Independent State Legislature” Theory on Originalist Grounds

October 24, 2022, 12:04 pmUncategorizedRick Hasen

This brief pulls no punches. For example:

“Biden admin set to warn about threats to nation’s election infrastructure”

October 24, 2022, 10:19 amchicanery, election subversion riskRick Hasen

Politico: Top Biden national security officials are tracking multiple threats to the nation’s election security infrastructure ahead of the midterms and are set to issue warnings, including in an internal intelligence bulletin this week, according to two people familiar with… Continue reading