“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

Dec 6: BPC’s 2022 Elections Summit

October 24, 2022, 10:15 amUncategorizedRick Hasen

Details and registration.

Oct. 25 AEI Event: “Are We Ready to Run Our Elections?”

October 24, 2022, 10:14 amUncategorizedRick Hasen

This looks important, led by John Fortier.

“Election Science on Trial: Will the US Supreme Court Further Undermine the Voting Rights Act?”

October 24, 2022, 10:13 amUncategorizedRick Hasen

Michael Latner on Merrill v. Milligan.

“The Pa. Supreme Court is taking on the issue of undated mail ballots just weeks before Election Day”

October 24, 2022, 7:15 amabsentee ballotsRick Hasen

Philly Inquirer: The Pennsylvania Supreme Court is taking on the question of undated mail ballots.The court on Friday accepted a lawsuit filed by a coalition of Republican groups, including the Republican National Committee and Pennsylvania GOP, that seeks to block… Continue reading

“Democrats locked in close contests with election deniers for key secretary of state posts; The party is vastly outspending Republicans in the races but is fighting a tough political climate as well as voter disinterest.”

October 24, 2022, 7:12 amUncategorizedRick Hasen

Zach Montellaro for Politico: Secretaries of state have never gotten more attention than now. Yet Steve Simon is still introducing himself to the voters who elected him four years ago in Minnesota.It’s emblematic of a broader challenge for Democrats trying… Continue reading