Watch Archived Video of Stanford/UCLA Conference, “Should Donald Trump Be Returned to Social Media?”

October 27, 2022, 7:07 amUncategorizedRick Hasen

This was a robust discussion with very diverse views. Watch: Here’s a description of the event: The Program on Democracy and the Internet (PDI) at Stanford University and UCLA Law’s Safeguarding Democracy Project will host a half-day streamed conference,… Continue reading

“State courts are fielding sky-high numbers of lawsuits ahead of the midterms – including challenges to voting restrictions and to how elections are run”

October 27, 2022, 7:03 amThe Voting WarsRick Hasen

Miriam Seifter and Adam Sopko with some interesting data on a shift from federal to state courts in terms of election litigation: In 2020, election litigation reached a new record high, with hundreds of lawsuits filed around the presidential… Continue reading

Shapiro, Stephanopoulos & Tokaji Amicus Brief in Moore

October 26, 2022, 12:28 pmUncategorizedNicholas Stephanopoulos

Carolyn Shapiro, Dan Tokaji, and I are the amici in this brief in Moore v. Harper, represented by Harvard Law School’s Election Law Clinic. Our brief highlights the doctrinal and practical mayhem that would ensue if federal courts were to… Continue reading

My New One at Slate with Nat Bach:”The Supreme Court Is Headed for a Self-Imposed Voting Caseload Disaster”

October 26, 2022, 10:55 amlegislation and legislatures, Supreme CourtRick Hasen

Nat Bach and I have written this piece at Slate. It begins: On Dec. 7, the Supreme Court will hear oral argument in Moore v. Harper, a radical case on the fate of the so-called “independent state legislature” theory… Continue reading

“Conspiracy pushers target races for local election posts”

October 26, 2022, 10:37 amUncategorizedRick Hasen

AP: “It’s just hard, as somebody who grew up, as I said, believing in democratic values, that I’m being challenged by somebody who doesn’t believe that our elections here, locally or nationally, are free and fair,” McGuire said. “Particularly here… Continue reading

Justice Alito Celebrates Citizens United, Free Speech Rights of Corporations in Talk at Heritage Foundation; Position Potentially at Odds with How He Views State Laws Requiring Social Media Companies to Include All Politicians’ Speech

October 26, 2022, 7:45 amUncategorizedRick Hasen

Excerpt: I plan to quote this language back to Justice Alito if and when the Court decides whether states like Texas can force social media companies to carry the speech of politicians who foment hate speech, undermine election integrity… Continue reading

“That Cardboard Box in Your Home Is Fueling Election Denial; A previously unreported boom in profits for the shipping supply giant Uline has provided the funds for a deeply conservative Midwestern family to bankroll anti-democracy causes around the country.”

October 26, 2022, 7:42 amUncategorizedRick Hasen

ProPublica deep dive.

“Extremist groups are going local to disrupt the midterms”

October 26, 2022, 7:37 amchicaneryRick Hasen

Axios: As Election Day draws near, mayors and police chiefs across the country are getting a new warning: Extremists have jettisoned their nationwide election intimidation strategy in favor of local efforts focused on neighborhood ballot boxes.Why it matters: Groups such… Continue reading

“How votes are cast and counted is increasingly decided in courtrooms”

October 26, 2022, 7:25 amThe Voting WarsRick Hasen

Patrick Marley for the NYT: In the United States, election season has turned into lawsuit season.One legal challenge in Michigan seeks to remove thousands from the voter rolls. Two lawsuits in Wisconsin seek to have more absentee ballots counted, even… Continue reading

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