Moore v. Harper vindicates Rehnquist’s opinion in Bush v. Gore

June 27, 2023, 8:46 amElections Clause, Supreme CourtDerek Muller

The top line takeaway of Moore v. Harper is this: the Supreme Court has slammed the door shut on the argument that the state constitution or state judiciary cannot constrain the state legislature exercising power under the Elections Clause. But… Continue reading

Quick Thoughts on Moore

June 27, 2023, 8:30 amUncategorizedNicholas Stephanopoulos

1. It’s striking how the entire Court accepts Arizona State Legislature and its holding that the Elections Clause doesn’t preclude independent redistricting commissions. Roberts spends two pages discussing the case without suggesting any criticisms (even though he authored a bitter… Continue reading

The Court’s Mixed Message on the Independent State Legislature Theory

June 27, 2023, 7:40 amUncategorizedRichard Pildes

As anticipated after oral argument, the Court rejected the most extreme version of the ISLT. It held that state constitutions continue to bind state legislatures when they regulate national elections. The Court generated a majority decision, though, by deciding the… Continue reading

Breaking: Supreme Court Decides Moore v. Harper, Rejecting Maximalist Version of Independent State Legislature Theory But Giving Federal Courts a Chance to Second Guess Some State Rulings as “Transgressing the Ordinary Bounds of Judicial Review”

June 27, 2023, 7:18 amlegislation and legislatures, Supreme CourtRick Hasen

[This post has been updated.] You can find the ruling at this link. The United States Supreme Court, on a 6-3 vote, has adopted a compromise position on the meaning of the independent state legislature theory. The position of the… Continue reading

“The Jolt: Raffensperger wants ‘robust’ new penalties against election tampering”

June 27, 2023, 6:59 amchicanery, election administrationRick Hasen

AJC: Facing pressure to update Georgia’s voting system software before next year, Secretary of State Brad Raffensperger is pursuing a different angle. He is calling on lawmakers to make tampering with Georgia’s election system a felony carrying a minimum sentence… Continue reading

“Helping States Comply with the Electoral Count Reform Act”

June 27, 2023, 6:53 amelection subversion risk, electoral collegeRick Hasen

Release: In response to the events that unfolded at the Capitol on January 6, 2021, Election Reformers Network was among early voices calling for reform of the Electoral Count Act (ECA), the old and poorly written law used to support… Continue reading

“Justice Dept. asking about 2020 fraud claims as well as fake electors”: “The campaign’s own legal team and data experts cannot verify the bullshit being beamed down from the mothership”

June 26, 2023, 6:20 pmchicanery, election subversion risk, fraudulent fraud squadRick Hasen

WaPo: The Justice Department’s investigation of efforts by Donald Trump and his advisers to overturn the 2020 election results is barreling forward on multiple tracks, according to people familiar with the matter, with prosecutors focused on ads andfundraising pitches claiming… Continue reading

Plaintiffs in Milligan Litigation Want Alabama Legislature to Adopt Their Remedial Maps in Compliance with the Voting Rights Act

June 26, 2023, 2:17 pmSupreme Court, Voting Rights ActRick Hasen

Read the letter.

July 5 Online Conversation with Patt Morrison and Me: “Voting Rights, Election Laws, Supreme Court and More”

June 26, 2023, 11:10 amUncategorizedRick Hasen

Looking forward to this conversation! Free registration required.

“‘Am I actually awake?’: The lawyer whose redistricting litigation was instantly affected by SCOTUS’s Milligan surprise”

June 26, 2023, 9:59 amVoting Rights ActRick Hasen

Carrie Levine for VoteBeat: The Campaign Legal Center’s Mark Gaber had just wrapped up a trial over redistricting in Washington state, representing plaintiffs who argued that newly redrawn political maps diluted the strength of Hispanic voters, on June 7. There… Continue reading

“Ten years of a crippled Voting Rights Act: how states make it harder to vote”

June 26, 2023, 7:34 amSupreme Court, Voting Rights ActRick Hasen

Sam Levine and Kira Lerner for The Guardian: In 2013, the US supreme court gutted the pre-clearance requirement in a landmark case called Shelby county v Holder. In a 5-4 ruling, Chief Justice John Roberts wrote that the Voting… Continue reading

“Oregon lawmakers send ranked choice voting proposal to November 2024 ballot”

June 26, 2023, 6:56 amalternative voting systemsRick Hasen

KTVZ: The Oregon Legislature on Sunday’s final day of the session passed House Bill 2004, which puts a proposal to move to ranked choice voting for federal and statewide races on the statewide ballot in November 2024.

Breaking: Supreme Court Dismisses Louisiana Voting Rights Act Cert Grant, Sends Case Back to 5th Circuit to Resolve “in Advance of the 2024 Congressional Elections”

June 26, 2023, 6:36 amUncategorizedRick Hasen

The Court had initially agreed to hear this case finding a voting rights violation in the failure to draw another majority-minority district in Louisiana, but now dismisses the cert. grant as improvidently granted after the Court’s decision in Milligan last… Continue reading

“GOP state legislatures seek greater control over state and local election offices”

June 25, 2023, 1:09 pmUncategorizedRick Hasen

AP: Lawmakers in several Republican-led states have been looking to exert more authority over state and local election offices, claiming new powers that Democrats warn could be used to target left-leaning counties in future elections. The moves range from requiring… Continue reading