“California Judge Boots Majority of City’s Councilmembers For Illegally Holding Onto Power”

August 31, 2022, 4:34 pmUncategorizedRick Hasen

Law & Crime: A judge has ordered the majority of a Southern California city’s governing body to be removed from office, concluding that the trio illegally held power by refusing to hold an election as required.The order finalized Wednesday… Continue reading

“Michigan election board rejects abortion rights initiative”—Republican Canvassing Board Members Seem to Be Violating their Ministerial Duty to Put Measure on the Ballot

August 31, 2022, 2:12 pmdirect democracy, election subversion riskRick Hasen

AP: Michigan elections board on Wednesday rejected an abortion rights initiative after its two Republican board members voted against putting the proposed constitutional amendment on the November ballot.The two Democrats on the Board of State Canvassers voted in favor, but… Continue reading

“All pain, whose gain? The surprising implications of a new legal theory for redistricting”

August 31, 2022, 1:17 pmredistrictingRick Hasen

Sam Wang: Lots of pixels have been spilled on a legal theory once considered fringe, the Independent State Legislature doctrine. This theory threatens to wreak havoc with centuries of election law. Two upcoming Supreme Court redistricting cases cite this… Continue reading

“Conservative Lawyer a Likely Target in Atlanta Trump Investigation, His Lawyer Says; John Eastman, who developed strategies to block certification of the 2020 election, appeared before a grand jury in Atlanta on Wednesday.”

August 31, 2022, 12:06 pmchicanery, election subversion riskRick Hasen

NYT: John Eastman, the lawyer who developed strategies to block certification of the 2020 election, is “probably a target” in the criminal investigation into efforts to overturn Donald J. Trump’s election loss in Georgia, one of Mr. Eastman’s lawyers said… Continue reading

Eighth Circuit finds Nebraska’s per-county signature requirement for ballot initiatives passes constitutional scrutiny

August 31, 2022, 8:39 amvoter initiativesDerek Muller

From Eggers v. Evnen, in an opinion by Judge Raymond Gruender, joined by Judge David Stras (some citations omitted): The Nebraska constitution gives voters the power directly to enact statutes and constitutional amendments placed on the general-election ballot. Neb.… Continue reading

“Corporate Political Spending and State Tax Policy: Evidence from Citizens United”

August 31, 2022, 7:56 amcampaign financeRick Hasen

Cailin Slattery post.

“Arizona’s Supreme Court blocks an election reform ballot measure, voiding over 238,000 petition signatures.”

August 31, 2022, 7:48 amdirect democracyRick Hasen

NYT: Arizona’s ballot in November will exclude a sweeping election reform proposition after the state Supreme Court upheld a decision to throw out the majority of the nearly half-million petition signatures collected.The measure would have checked the power of… Continue reading

“Ron DeSantis is a Test Case”

August 31, 2022, 7:43 amelection subversion riskRick Hasen

Tom Edsall NYT column: What would it be like living in this country in 2025 if Trump, DeSantis or one of their emulators wins the White House backed by Republican majorities in the House and Senate?I posed this question to… Continue reading

NC’s Opening Brief in Moore: State Constitutions and the Independent State Legislature Theory

August 31, 2022, 7:36 amUncategorizedRichard Pildes

North Carolina has now filed its opening brief. I want to single out one aspect of that brief here. As I’ve emphasized, there are at least two different versions of ISLT on the role of state constitutions. The more sweeping… Continue reading

“Response to Trump Search Highlights Violent Rhetoric From the Right”

August 30, 2022, 2:19 pmelection subversion riskRick Hasen

NYT: One week after a team of F.B.I. agents descended on his private club and residence in Florida, former President Donald J. Trump warned that his followers were enraged by the search — and that things could get out of… Continue reading

“Trump shares barrage of QAnon content and other conspiracy theories on his social media platform”

August 30, 2022, 2:01 pmcheap speech, election subversion riskRick Hasen

NBC News: Former President Donald Trump spent Tuesday morning posting inflammatory messages on social media, including many explicitly promoting the QAnon conspiracy theory.While Trump has in the past promoted QAnon-inspired accounts and theories, the posts on his Truth Social account… Continue reading

“First, an F.E.C. Complaint Against Trump Over 2024. Now One for Biden, Too.”

August 30, 2022, 1:52 pmUncategorizedRick Hasen

NYT: A conservative group has filed a complaint against President Biden accusing him of violating federal election law by not officially informing the Federal Election Commission that he plans to run again in 2024.The complaint is unlikely to succeed… Continue reading

Follow-Up Written Answers for Senate Judiciary Committee on Voting Rights after Brnovich and Shelby County

August 30, 2022, 11:38 amlegislation and legislatures, Supreme Court, Voting Rights ActRick Hasen

Last July, I testified at a Senate Committee on the Judiciary, Subcommittee on The Constitution, hearing entitled “Restoring the Voting Rights Act after Brnovich and Shelby County.” Two Senators had follow-up questions, and I have now posted the questions and… Continue reading

“Biden to give prime-time speech about ‘soul of the nation’ as voters prepare to cast midterm ballots”

August 30, 2022, 7:43 amUncategorizedRick Hasen

NBC News: President Joe Biden plans to deliver a prime-time speech this week about how America’s “rights and freedoms are still under attack,” returning to the core message of his 2020 campaign as Americans are getting ready to vote… Continue reading

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