“2024 presidential election poses new tests for guardians and guardrails of American Democracy”

June 30, 2023, 2:09 pmelection subversion risk, The Voting WarsRick Hasen

Steven Rosenfeld: The baseline for 2024 is not as reliable as one might hope because 2020’s election was during a pandemic where emergency measures were implemented. For example, in the general election, 46 percent of voters nationally cast mailed-out… Continue reading

More from the Hersh/Grimmer Paper on Election Laws and Turnout

June 30, 2023, 11:52 amUncategorizedRichard Pildes

I’ve started reading the new paper Rick H. links to a few posts below. This paper is going to be pored over by those interested in voting laws and policies. Here’s another paragraph from the paper: [W]e believe that the… Continue reading

“Brazil Votes to Bar Bolsonaro From Office for Election-Fraud Claims”

June 30, 2023, 10:27 amelection subversion riskRick Hasen

NYT: A majority of judges on Brazil’s electoral court have voted to block former President Jair Bolsonaro from seeking public office for the next eight years, removing a top contender from the next presidential contest and dealing a significant blow… Continue reading

Unanimous Federal Appeals Court Rejects Challenge by Members of Congress to Covid Mask Mandate, Citing Speech or Debate Clause Immunity

June 30, 2023, 10:25 amlegislation and legislatures, Speech or Debate ClauseRick Hasen

Opinion (via Politico).

Grimmer and Hersh: “How Election Rules Affect Who Wins”

June 30, 2023, 10:21 amThe Voting WarsRick Hasen

New provocative paper draft by Justin Grimmer and Eitan Hersh, that I look forward to reading closely. Abstract: Contemporary election reforms that are purported to increase or decrease turnout tend to have negligible effects on election outcomes. We offer an… Continue reading

Mike Parsons: “Moore v. Harper and the ‘Anti-Arrogation Principle'”

June 30, 2023, 10:18 amlegislation and legislatures, Supreme CourtRick Hasen

The following is a guest post from Mike Parsons, Senior Counsel at ERN and Principal at Parsons Law PLLC: In this post, I offer some comments on what Moore v. Harper definitively resolved; why it’s time to move beyond… Continue reading

Breaking: Supreme Court Sends Back Congressional Redistricting Decision to Ohio Supreme Court for Further Consideration in Light of Moore v. Harper

June 30, 2023, 9:14 amlegislation and legislatures, Supreme CourtRick Hasen

Order list.

Breaking: Over the Dissents of Justices Jackson and Sotomayor, Supreme Court Will Not Review Mississippi Felon Disenfranchisement Law Adopted Long Ago with Discriminatory Purpose

June 30, 2023, 9:12 amfelon voting, Supreme CourtRick Hasen

From today’s final order list of the term, this dissent from Justice Jackson from a cert denial in Harness v. Watson: The President of the 1890 Mississippi Constitutional Convention said it plain: “Let us tell the truth if it bursts… Continue reading

“Former Trump campaign official cooperating with special counsel in 2020 election interference probe”

June 30, 2023, 7:31 amchicanery, election subversion riskRick Hasen

CNN: Former Donald Trump campaign official Mike Roman is cooperating with prosecutors from special counsel Jack Smith’s team in the ongoing criminal probe related to efforts to overturn the 2020 election, two sources familiar with the matter told CNN. One… Continue reading

A brief follow-up on Moore v. Harper

June 29, 2023, 4:19 pmUncategorizedNed Foley

Carolyn Shapiro has written a thoughtful response to my previous post. I offer a couple of quick additional points: First, my characterization of how the majority of SCOTUS perceives what the Pennsylvania Supreme Court did in 2020 (in… Continue reading

Rob Yablon: “Moore v. Harper and the Purcell Principle”

June 29, 2023, 3:35 pmelection administration, legislation and legislatures, Supreme CourtRick Hasen

The following is a guest post from Rob Yablon: Commentary on Moore v. Harper has not yet focused on how the Purcell principle might shape what comes next. Litigants will no doubt soon be arguing that state courts (and potentially other state actors… Continue reading

Carolyn Shapiro: “Moore v. Harper and state courts”

June 29, 2023, 2:30 pmlegislation and legislatures, statutory interpretation, Supreme CourtRick Hasen

The following is a guest post from Carolyn Shapiro: As others have already noted, the Supreme Court’s opinion in Moore v. Harper fortunately eliminated the most chaotic possible outcome and reiterated what has always been understood to be true… Continue reading

Watch Archived Video of the Safeguarding Democracy Project Flash Webinar: “U.S. Democracy and the Independent State Legislature Theory after the Supreme Court’s Moore v. Harper Decision”

June 29, 2023, 2:20 pmelection subversion risk, legislation and legislatures, Supreme CourtRick Hasen

This was a great conversation that I moderated with Carolyn Shapiro, Bertrall Ross, Rick Pildes, and Derek Muller. You can watch here:

“Tens of thousands of Pa. mail ballots will be thrown out in the 2024 presidential election”

June 29, 2023, 9:03 amabsentee ballots, election administrationRick Hasen

Philly Inquirer: Tens of thousands of Pennsylvania ballots will be thrown out in next year’s presidential election as mail voting continues to evolve. And those rejected votes — coming disproportionately from Democrats, older voters, and Black, Latino, and low-income neighborhoods… Continue reading