“Prosecutors Look at Florida Election Protest as a Model for Jan. 6”

November 1, 2022, 11:47 amUncategorizedRick Hasen

NYT: President Donald J. Trump and other top Republicans were stoking claims that the election had been stolen, and their supporters were protesting in the streets. Members of the far-right group the Proud Boys and people close to Roger J.… Continue reading

How the parties handle adverse precedent in Moore v. Harper

November 1, 2022, 11:45 amElections Clause, legislation and legislaturesDerek Muller

There’s plenty of precedent for the parties to rely upon in Moore v. Harper. I wanted to see how each side handled one of the toughest cases on either side–and apart from a brief aside from the petitioners, the… Continue reading

Census data lawsuit

November 1, 2022, 10:52 amUncategorizedNicholas Stephanopoulos

Harvard Law School’s Election Law Clinic (together with Selendy Gay Elsberg PLLC) filed this lawsuit to compel the Census Bureau to disclose important data about the Bureau’s 2020 products. For the first time, the Bureau used a method known as… Continue reading

“Truth Social’s Influence Grows Despite Its Business Problems”

November 1, 2022, 6:58 amcheap speechRick Hasen

NYT reports.

“Ringleader of Trump-aligned election officials nears Nevada takeover”

November 1, 2022, 6:56 amelection subversion riskRick Hasen

Politico: A leading proponent of the false claim that the 2020 election was stolen is on the verge of becoming the chief elections official in Nevada — which would put him in charge of running the vote in the critical… Continue reading

“How the Biden Administration Caved to Republicans on Fighting Election Disinformation”

November 1, 2022, 6:48 amcheap speech, election subversion riskRick Hasen

ProPublica: In May, one Department of Homeland Security office instructed staffers that work on “sensitive” topics including disinformation should be put on “immediate hold,” according to material reviewed by ProPublica. In the months that followed, DHS canceled a series of… Continue reading

“Total Vote Runoff” tweak to Ranked Choice Voting

November 1, 2022, 4:52 amUncategorizedNed Foley

Eric Maskin and I have written a Washington Post column explaining how a Total Vote Runoff version of Ranked Choice Voting is a small but significant adjustment to the “instant runoff” method used in Alaska (and elsewhere). The only change… Continue reading

What Worked Before May Work No Longer

October 31, 2022, 7:38 pmUncategorizedNed Foley

An astute reader of my previous blog post, The Problem with Pendulum Politics, inquired why it might be necessary to abandon America’s longstanding electoral system of partisan primaries followed by plurality-winner general elections, when that system served the country… Continue reading

Divergent strategies may yield divergent outcomes in Arizona drop box voter intimidation cases

October 31, 2022, 6:31 pmDepartment of Justice, election administrationDerek Muller

Earlier here at ELB, Rick H. linked to a federal district court’s ruling refusing to issue an injunction against groups for patrolling ballot drop box locations, balancing the risks of voter intimidation with First Amendment interests. That case then saw… Continue reading

Watch Archived Video of My Interview with Maggie Haberman on “Trump, Trumpism, and the Threats to American Democracy”

October 31, 2022, 3:56 pmelection subversion riskRick Hasen

Watch my interview for the Safeguarding Democracy Project’s Fall webinar series here:

“Two Years After Election Turmoil, GOP Voters Remain Skeptical on Elections, Vote Counts”

October 31, 2022, 11:23 amUncategorizedRick Hasen

Pew Research Center: Two years ago, shortly before the 2020 presidential election, Republicans’ trust in the nation’s election system had eroded considerably. Today, with the midterm elections approaching, widespread GOP distrust persists – and in some cases has deepened.… Continue reading

“De-Weaponizing and Standardizing the Post-Election Audit”

October 31, 2022, 11:12 amvoting technologyRick Hasen

The latest from CDT.

“Samuel Tilden’s Plea: A growing number of bar associations, law schools, and legal groups are working vigorously to ensure that the rule of law is sustained.”

October 31, 2022, 11:10 amUncategorizedRick Hasen

Jerry Goldfeder’s latest.

“Two leaders of True the Vote jailed by federal judge for contempt of court”

October 31, 2022, 11:08 amUncategorizedRick Hasen

VoteBeat: Federal marshals escorted two leaders of True the Vote out of a Houston courtroom on Monday morning and into a holding cell. Catherine Engelbrecht and Gregg Phillips have been held in contempt of court for refusing to release the… Continue reading