“Supreme Court Shocker? Here’s What Happens if Trump Gets Kicked Off the Ballot”

February 5, 2024, 7:31 amUncategorizedRick Hasen

Politico: “Legal scholars, national security experts and political analysts imagine the extraordinary fallout that would ensue.” Here’s my contribution to this roundtable: No matter how the Supreme Court rules in the Trump disqualification case some people are going to be… Continue reading

“After Speedy Start, Appeals Court Slows Down on Trump Immunity Decision”

February 4, 2024, 4:28 pmUncategorizedRick Hasen

NYT: In December, when a federal appeals court agreed to hear former President Donald J. Trump’s sweeping claims to be immune from charges of plotting overturn the 2020 election, it laid out a lightning-fast briefing schedule, asking the defense and… Continue reading

“RNC resolution reflects divisions over efforts to overturn 2020 election”

February 4, 2024, 4:26 pmelection subversion riskRick Hasen

WaPo: Republican National Committee members approved a resolution Friday promising to continue to “vocally” support those who “lawfully” served as Donald Trump’s electors in 2020 in states that Joe Biden won — a compromise intended to placate Trump supporters who… Continue reading

The Faux Election Integrity Group Backed by Leonard Leo, “Honest Elections Project,” Lists “Ban Rank Choice Voting” and “Block ZuckBucks 2.0” as Its Top Reforms to “Safeguard” American Elections

February 4, 2024, 4:19 pmfraudulent fraud squadRick Hasen

What a joke this fake election integrity group is: Via the Dominion-indebted Fox News, which calls HEP a “nonpartisan watchdog.”

Did the Colorado Secretary of State help revitalize the Moore v. Harper issue ahead of the Trump v. Anderson oral argument?

February 4, 2024, 5:15 amballot access, Supreme CourtDerek Muller

In my recent rundown of arguments raised in Trump v. Anderson, I noted that the Legislature Thereof Clause argument–that the state court in Colorado botched the interpretation of state law so badly that it mangled the legislature’s preferences (an open… Continue reading

“Georgia Lt. Gov. Jones accused of seeking election server access in 2020”

February 2, 2024, 11:59 amchicanery, election subversion riskRick Hasen

AJC: Republican Lt. Gov. Burt Jones allegedly sought access to election computers in Butts County after the 2020 election, an effort that, if successful, would have been illegal, according to emails among state election officials that were shown in court… Continue reading

Federal District Court Rejects Argument that North Dakota’s Acceptance of Ballots Postmarked by Election Day but Arriving After Election Day Violates Federal Law

February 2, 2024, 11:55 amUncategorizedRick Hasen

So surprise on the result. This was decided on standing grounds. I expect a similar loss for the RNC’s case in Mississippi, as I told the AP reporter.

“Trump ally emerged from shadows to deal blow to Ga. case against former president”

February 2, 2024, 11:01 amchicaneryRick Hasen

WaPo deep dive on Mike Roman.

“Fani Willis admits relationship with prosecutor on Trump Georgia case”

February 2, 2024, 10:22 amconflict of interest lawsRick Hasen

WaPo: Fulton County District Attorney Fani T. Willis (D) admitted she had a personal relationship with an outside prosecutor she appointed to manage the election interference case against former president Donald Trump and his allies but denied claims that the… Continue reading

“A fake recording of a candidate saying he’d rigged the election went viral. Experts say it’s only the beginning”

February 2, 2024, 7:21 amcheap speech, chicaneryRick Hasen

CNN: Days before a pivotal election in Slovakia to determine who would lead the country, a damning audio recording spread online in which one of the top candidates seemingly boasted about how he’d rigged the election. And if that wasn’t… Continue reading

“The Nuanced Challenges of the U.S. Election Assistance Commission”

February 2, 2024, 7:19 amelection administrationRick Hasen

BPC: The U.S. Election Assistance Commission (EAC) is once again in the limelight. The EAC has faced extensive criticism since its creation in 2002: It has been accused of political bias in its reporting, hiring discrimination, technical inadequacy, inefficiency, … Continue reading

Trump v. Anderson: the election law case that wasn’t (but might be)

February 2, 2024, 5:27 amballot accessDerek Muller

I have long treated Trump v. Anderson (and related cases) as an election law case first, and as a separate substantive constitutional law (or Section 3) case second. I’ve long had this view on these qualifications cases, stretching back a… Continue reading

State NON-Enforcement of the Constitution’s Eligibility Rules for Presidents & the Twentieth Amendment?

February 1, 2024, 5:12 pmUncategorizedNed Foley

In the most recent episode of his podcast in which Rick H was his guest (and which I highly recommend for its discussion of Rick’s new book as well as the pending Colorado case), Chuck Todd asked Rick what would… Continue reading

“The winner-take-all incentives that have racially polarized America – and led to Trump”

February 1, 2024, 4:05 pmpolitical polarizationRick Hasen

Steven Hill: Amidst all the ink and electrons reporting on the bitter partisan divisions that gnaw at America today, what has been missing is due recognition of how extreme policy positions and failure to compromise are incited by certain fundamental… Continue reading

Election Law Blog

The law of politics and the politics of law