6th Circuit finds Michigan engaged in “reasonable efforts” to remove dead voters from voter rolls

May 8, 2025, 4:21 amcourt decisions, election administrationDerek Muller

Unanimous panel decision in Public Interest Law Foundations v. Benson. No standing for plaintiffs for some of the claims, and I’m a bit surprised the panel made no effort to examine whether there’s a private right of action to… Continue reading

“Dark Money Hit a Record High of $1.9 Billion in 2024 Federal Races”

May 7, 2025, 4:18 pmUncategorizedRick Hasen

Anna Massoglia for the Brennan Center: The 2024 federal election cycle was the most secretive since the Supreme Court’s Citizens United decision in 2010. Dark money groups, nonprofits and shell companies that spend on elections without revealing their donors, plowed more than… Continue reading

My New One in The Atlantic: “America Needs More Judges Like Judge Myers; He did the right thing in North Carolina’s Supreme Court fight, and he deserves praise.”

May 7, 2025, 1:43 pmelection subversion riskRick Hasen

I have written this piece for The Atlantic. It begins: When judges act as partisan hacks, it is important to condemn their conduct. Last month, four Republican Justices on the North Carolina Supreme Court blessed the anti-democratic attempt by fellow… Continue reading

“A New Crackdown on Ballot Initiatives Unnerves Florida Organizers”

May 7, 2025, 1:22 pmUncategorizedRick Hasen

Bolts: Volunteers with the League of Women Voters of Florida are often seen at farmers markets, book clubs, parades, and other gathering places, collecting petitions and raising awareness on new campaigns. The League in recent years has become a… Continue reading

“Jefferson Griffin concedes North Carolina Supreme Court race”

May 7, 2025, 7:36 amelection subversion risk, judicial electionsRick Hasen

AP: The Republican challenger for a North Carolina Supreme Court seat has conceded last November’s election to the Democratic incumbent. Jefferson Griffin said in a statement to The Associated Press on Wednesday that he would not appeal a federal … Continue reading

The price of Pullman abstention in election litigation cases

May 6, 2025, 6:14 pmcourt decisionsDerek Muller

On February 4, a unanimous per curiam panel of the Fourth Circuit concluded the federal courts should abstain from involvement in the Griffin v. Riggs election dispute. The court cited Pullman abstention: Pullman abstention may be applied when “there is… Continue reading

Government Will Not Appeal Preliminary Injunction Stopping Portions of Trump Voting Executive Order from Being Enforced; Case Will Likely Go to Summary Judgment with a Ruling Likely in Late 2025 Early in 2026

May 6, 2025, 4:02 pmUncategorizedRick Hasen

See this status report (h/t Democracy Docket). The enjoined portions of the order then won’t be enforced until final judgment, and only if the government wins.

“Justice Department will switch its focus on voting and prioritize Trump’s elections order, memo says”

May 6, 2025, 2:22 pmDepartment of Justice, fraudulent fraud squad, Voting Rights ActRick Hasen

Missed this Nick Riccardi AP story from the other day: The Justice Department unit that ensures compliance with voting rights laws will switch its focus to investigating voter fraud and ensuring elections are not marred by “suspicion,” according to an… Continue reading

Director of Right-Leaning Civitas Center Calls on Judge Griffin to Drop Any Appeals and Concede to Justice Riggs in North Carolina Supreme Court Election Contest

May 6, 2025, 12:44 pmelection subversion riskRick Hasen

Andy Jackson in Carolina Journal: The state Supreme Court could have spared us this grief if the majority had followed Justice Richard Dietz’s partial dissent to the court’s April 11 ruling: [Griffin’s] claims are not justiciable in a backward… Continue reading

Bush v. Gore and the North Carolina Supreme Court Election Case

May 6, 2025, 12:31 pmUncategorizedRichard Pildes

At an earlier stage of Judge Griffin’s attempt to challenge the election results in the contest for the North Carolina Supreme Court seat, I had written that the state court of appeals decision to call into question over 61,000 ballots… Continue reading

“Trump’s Third-Term Jokes Deserve a Serious Response”

May 6, 2025, 7:49 amauthoritarian threats in USRick Hasen

NYT Editorial: This past weekend, he seemed to both step back from the idea and reiterate it. “It’s something that, to the best of my knowledge, you’re not allowed to do,” Mr. Trump told NBC News. But then… Continue reading

“States Are Tightening Rules for Getting Citizen-Led Proposals on the Ballot”

May 6, 2025, 7:12 amdirect democracyRick Hasen

NYT: After a wave of successful citizen-led efforts to expand abortion rights via ballot measures, some state legislatures are making it harder for members of the public to put such measures before voters. Florida, which late last week became… Continue reading

Breaking and Analysis: Federal District Court–in a Ruling Likely to Be Upheld on Appeal– Holds That Judge Griffin’s Attempt to Overturn the Results of the North Carolina Supreme Court Election Violates the Constitutional Rights of Voters and Orders Certification for Incumbent Justice Riggs

May 5, 2025, 5:15 pmelection subversion risk, judicial elections, votingRick Hasen

You can read the detailed analysis at this link. Here is the core holding: The court concludes that the retroactive invalidation of absentee ballots cast by overseas military and civilian voters violates their substantive due process rights, and that the… Continue reading

“Trump Sons’ Deals on Three Continents Directly Benefit the President”

May 5, 2025, 7:31 amconflict of interest lawsRick Hasen

NYT: A contest of sorts has played out across Europe, the United States and the Middle East in recent days as President Trump’s two older sons have pursued a blitz of family moneymaking ventures capitalizing on their father’s name and… Continue reading