Breaking: Fifth Circuit Panel, While Affirming that Galveston, Texas Violated the Voting Rights Act, Calls for En Banc Rehearing So They Can Rule Against Galveston

November 10, 2023, 9:04 amVoting Rights ActRick Hasen

Well this is an interesting (and disturbing) order. A Fifth Circuit panel has unanimously held that the district lines for the legislative body in Galveston County, Texas violates the Voting Rights Act as currently interpreted by the 5th Circuit by… Continue reading

“Election offices are sent envelopes with fentanyl or other substances. Authorities are investigating”

November 9, 2023, 3:51 pmelection subversion riskRick Hasen

AP: Authorities were hunting Thursday for whoever sent suspicious letters — including some containing fentanyl — to elections offices in at least five states this week, delaying the counting of ballots in some local races in the latest instance of… Continue reading

“A High-Risk Legal Effort to Keep Trump Off the Ballot”

November 9, 2023, 3:38 pmUncategorizedRick Hasen

Sue Halpern in the New Yorker: Minnesota is one of three states in which nonprofits have recruited high-profile voters, including current and former Republicans, to file Section 3 lawsuits. A similar case in Michigan, brought by F.S.F.P. together with… Continue reading

“Options for U.S. Federal Involvement in Elections”

November 9, 2023, 2:45 pmelection administrationRick Hasen

New BPC report: Amid growing threats to election infrastructure and the increased complexity of administering elections, legislators have an opportunity to reassess how the federal government helps state and local officials ensure secure, accessible, and trusted elections. Over the past… Continue reading

Manchin seeking to “mobilize the middle” rather than run for reelection

November 9, 2023, 12:11 pmUncategorizedNed Foley

Link to video announcement. Is he referring to possible No Label’s presidential ticket, accentuating the concern of a potential spoiler effect? Or is he referring to a broader effort to create some sort of centrist third-party movement, of the… Continue reading

Is it too late to avoid a spoiler effect in 2024?

November 9, 2023, 8:08 amUncategorizedNed Foley

The recent polling by Siena College, in partnership with the New York Times, has highlighted the risk that Robert Kennedy, Jr. will play the role of a spoiler next year–and that’s even without the addition of a potential… Continue reading

“Echoes of Jan. 6 committee as Jack Smith foreshadows plan to tie Trump to Capitol riot”

November 9, 2023, 7:18 amDepartment of Justice, election subversion riskRick Hasen

Politico: When Donald Trump faces a jury on charges stemming from his bid to subvert the 2020 election, he wants to prohibit federal prosecutors from even mentioning the chaos and violence unleashed by his supporters at the Capitol on Jan.… Continue reading

Trump’s Potential Disqualification: Primaries versus General Election

November 8, 2023, 4:55 pmUncategorizedNed Foley

Adding briefly to what Derek already has blogged about today’s decision by the Minnesota Supreme Court, I think the distinction that the court drew between primaries and the general election is important. Since writing on this topic in the … Continue reading

BREAKING: Minnesota Supreme Court unanimously dismisses Section 3 claim against Trump, permits him to appear on the primary ballot (but issues no decision on general election)

November 8, 2023, 1:48 pmelectoral collegeDerek Muller

The Minnesota Supreme Court’s order is here. (Disclosure: I filed an amicus brief in support of neither party in the case.) Two justices recused (without explanation, but presumably due to conflicts from legal representation in their election campaigns). From… Continue reading

“Virginia county stumbles in the first election after its conspiracy-fueled staff exodus”

November 8, 2023, 1:08 pmelection administrationRick Hasen

Jane Timm for NBC News: Seven months after election conspiracy theories consumed the community here and drove the entire election staff to quit, Buckingham County struggled to report its results in Tuesday’s elections. Local results were posted just before… Continue reading

“Ohio Supreme Court Justice Jennifer Brunner sues over partisan label law”

November 8, 2023, 10:21 amjudicial electionsRick Hasen

Columbus Dispatch: Ohio Supreme Court Justice Jennifer Brunner is suing to overturn the new law that requires partisan labels for supreme court and appellate court candidates. In a lawsuit filed on Election Day, Brunner is asking the federal court to… Continue reading

“Meta will require campaigns to disclose use of AI in political ads”

November 8, 2023, 7:45 amcheap speechRick Hasen

WaPo: Meta will require political campaigns to disclose their use of artificial intelligence in political ads, a new policy that could shape how the new technology is used in the 2024 elections. The Wednesday announcement, first reported by Reuters… Continue reading

Rick Santorum is Upset That Voters Got to Vote on Abortion Rights and Weed

November 8, 2023, 7:30 amUncategorizedRick Hasen

Clip from Newsmax: Saying the quiet part out loud in wake of electoral defeat, Santorum says, “Pure democracies are not the way to run a country” https://t.co/W1MwBNNyMK— Jane Mayer (@JaneMayerNYer) November 8, 2023