Unanimous DC Circuit panel finds no standing to enforce Section 2 of the Fourteenth Amendment

September 25, 2024, 7:29 amelection law and constitutional lawDerek Muller

Judge Wilkins, joined by Chief Judge Srinivasian and Judge Childs, in Citizens for Constitutional Integrity v. Census Bureau: Section 2 of the Fourteenth Amendment, which specifies that seats in the House of Representatives “shall be apportioned among the several… Continue reading

“News Outlets Brace for Chaos on Election Night (and Perhaps Beyond)”

September 25, 2024, 5:23 amcheap speech, election subversion riskRick Hasen

NYT: The data nerd of NBC News, Steve Kornacki, is preparing to sleep at his desk in 30 Rockefeller Plaza — for days on end, if need be. CNN is adding to its bench of legal experts in case of… Continue reading

“Democrats propose voting rights bill to counter Georgia’s election changes and others”

September 25, 2024, 5:10 amThe Voting WarsRick Hasen

USA Today: On the heels of another state adopting what they call restrictive election changes, Democrats are introducing voting rights legislation Tuesday aimed at making it easier for voters to cast ballots, including same-day registration. Democratic leaders said the… Continue reading

“Republicans’ Electoral College Edge, Once Seen as Ironclad, Looks to Be Fading”

September 25, 2024, 4:58 amelectoral collegeRick Hasen

Nate Cohn: Ever since Donald J. Trump’s stunning victory in 2016 — when he lost the popular vote by almost three million votes but still triumphed with over 300 electoral votes — many who follow politics have believed Republicans hold… Continue reading

“The Surprising Survival—So Far—of the Corporate Contribution Ban”

September 25, 2024, 4:55 amcampaign finance, Supreme CourtRick Hasen

Richard Briffault has posted this draft on SSRN (forthcoming, Chicago Business Law Review). Here is the abstract: Citizens United notwithstanding, the 117-year-old federal ban on corporate campaign contributions and similar prohibitions in twenty-one states remain on the books and continue… Continue reading

Oct. 1 Event: “Election Officials in Swing States and the 2024 Election”

September 25, 2024, 4:46 amelection administrationRick Hasen

Great lineup at this Ash Center event: Election administrators are on the front line of ensuring our elections are safe and fair this November. There is no one for who this is truer than for the Secretaries of State… Continue reading

“Why Majority-Preferred Candidates Should Win Single-Seat Elections”

September 24, 2024, 2:36 pmUncategorizedNed Foley

The first in a series of Common Ground Democracy essays on the philosophy of democracy and its implications. This one considers the concept of majority voting on the assumption that voters and candidates can be located along a single blue-purple-red… Continue reading

“How Gerrymandering Tilts the 2024 Race for the House”

September 24, 2024, 8:50 amredistrictingRick Hasen

New Brennan Center analysis: “Some of this decade’s congressional maps are models of fairness; others are decidedly not. Both parties engaged in gerrymandering after the 2020 census, but, overall, the bias in this cycle’s maps strongly favors Republicans due primarily… Continue reading

What Does Mike Johnson Mean By Saying “If we have a free, fair and safe election, we’re going to follow the Constitution, absolutely”? That If There Are Election Problems, We Won’t Follow the Constitution?

September 24, 2024, 8:35 amelection subversion riskRick Hasen

Not exactly reassuring about following the rule of law: JOHNSON: "If we have a free, fair and safe election, we're going to follow the Constitution, absolutely." pic.twitter.com/W1q4Q36DxE— JM Rieger (@RiegerReport) September 24, 2024

“How Meta Distanced Itself From Politics”

September 24, 2024, 8:29 amcheap speechRick Hasen

NYT: In January 2021, after pro-Trump rioters stormed the U.S. Capitol, Mark Zuckerberg announced a new priority for Meta: He wanted to reduce the amount of political content on the company’s apps, including Facebook and Instagram. As the United States… Continue reading

“Trump tells supporters to vote early even as he still criticizes the practice”

September 24, 2024, 8:09 amfraudulent fraud squadRick Hasen

Politico: Donald Trump urged voters Monday in Pennsylvania to vote early in the crucial swing state. Then, he quickly reversed course. Early voting, the former president said, is “stupid” — even if it might help him as polls show him… Continue reading

“Latest strategy in fighting election skepticism: Radical transparency”

September 24, 2024, 7:00 amelection administrationRick Hasen

Yvonne Wingett Sanchez for WaPo: In this conservative bedroom community of Phoenix, where Donald Trump remains popular and his 2020 loss is viewed with suspicion, election falsehoods don’t fizzle. They fester and grow. So as Pinal County officials prepare for … Continue reading

“‘One pistol clip can change the balance of power’: Congress is wholly unprepared for a mass casualty event”

September 24, 2024, 6:58 amlegislation and legislaturesRick Hasen

Politico: Over the past 15 years, members of Congress have survived two near-deadly shootings, a train crash with dozens of them on board, and a Capitol riot that had hundreds of lawmakers fearing for their lives. Despite those incidents, the… Continue reading

“Several states are making late changes to election rules, even as voting is set to begin”

September 24, 2024, 6:56 amUncategorizedRick Hasen

AP: In Georgia, election workers will have to hand count the number of ballots cast after voting is completed. In North Carolina, some students and university staff can use their digital IDs to vote. In Wisconsin, ballot drop boxes … Continue reading