Free Safeguarding Democracy Project Webinar Oct. 17: “The Trump Prosecutions, the First Amendment, and Election Interference” with Genevieve Lakier and Eugene Volokh

October 9, 2023, 8:36 amelection subversion risk, First Amendment theoryRick Hasen

I hope many of you will join us for this webinar on October 17 at 12:15 pm PT. Should be a lively discussion. Free registration required.

Colorado Secretary of State’s brief in Trump disqualification case filled with curious claims

October 9, 2023, 8:19 amelectoral collegeDerek Muller

It’s hard not to read the brief in Colorado and wonder how in the world these claims are going to proceed in a state trial court. Here’s one statement that’s contrary to a hundred years of state practice, and offered… Continue reading

“Fearing Third-Party Spoilers vs. Trump, Biden Allies Try to Squash Them”

October 9, 2023, 7:45 amballot access, third partiesRick Hasen

NY Times: Powerful allies of President Biden are aggressively working to stop third-party and independent presidential candidacies, fearing that an outside bid could cost Democrats an election that many believe will again come down to a few percentage points in… Continue reading

“Drop boxes have become key to election conspiracy theories. Two Democrats just fueled those claims”

October 9, 2023, 7:42 amUncategorizedRick Hasen

AP: A woman approaches a drop box in the dark with what appears to be handfuls of ballots. At a different drop box, someone else is seen making multiple trips to insert ballots. At yet another, the same car stops… Continue reading

ELB Book Corner: Michael Kang: “Free to Judge: The Power of Campaign Money in Judicial Elections”

October 9, 2023, 7:00 amcampaign finance, judicial electionsRick Hasen

I am pleased to welcome Michael Kang to ELB Book Corner. Michael, along with Joanna Shepherd, is author of the new book, Free to Judge: The Power of Campaign Money in Judicial Elections. Here is the first… Continue reading

Requiring a majority win in either primary or general election

October 9, 2023, 6:59 amUncategorizedNed Foley

In light of the removal of McCarthy as Speaker, last week I invoked my previous advocacy of a majority winner requirement for congressional elections. This week I want to highlight my more recent advocacy of the need to avoid plurality… Continue reading

“Illinois Democrats drew new maps. The changes pushed the GOP to the right.”

October 7, 2023, 8:35 pmredistrictingRick Hasen

WaPo reports.

Oct. 10 Online Discussion: “Civil Disagreements: Does the 14th Amendment Bar Trump from Office?”

October 7, 2023, 8:30 pmUncategorizedRick Hasen

Announcement via email from “Reform for Illinois”: Civil Disagreements: Does the 14th Amendment Bar Trump from Office? Join us for the latest installment of our “Civil Disagreements” series! We’re hosting a virtual panel discussion exploring whether the 14th Amendment to… Continue reading

“Republicans vow to appeal judge’s ruling upholding New Mexico congressional redistricting map”

October 7, 2023, 1:54 pmredistrictingRick Hasen

Albuquerque Journal: New Mexico Republicans say they will appeal a state judge’s ruling that knocked down their challenge of congressional redistricting the GOP charges undermines Republican voting strength in the southern part of the state. In a ruling made public… Continue reading

“Amazon’s Alexa has been claiming the 2020 election was stolen”

October 7, 2023, 1:53 pmcheap speechRick Hasen

WaPo: Amid concerns the rise of artificial intelligence will supercharge the spread of misinformation comes a wild fabrication from a more prosaic source: Amazon’s Alexa, which declared that the 2020 presidential election was stolen. Asked about fraud in the race… Continue reading

James Sample: “Necessity and Impossibility: Wisconsin and Recusal”

October 7, 2023, 7:56 amjudicial electionsRick Hasen

The following is a guest post from James Sample: My basic reaction to Justice Protasiewicz’s opinion is one bordering on intractable depression. It’s both necessary and impossible to disaggregate the interwoven components of the entire Wisconsin political milieu. The… Continue reading

Kurt Lash: “The Meaning and Ambiguity of Section Three of the Fourteenth Amendment”

October 6, 2023, 5:48 pmUncategorizedRick Hasen

Kurt Lash (who will be speaking at the October 20th virtual conference on Trump’s potential disqualification sponsored by the Safeguarding Democracy Project) has posted this draft on SSRN. Here is the abstract: Section Three of the Fourteenth Amendment disqualified anyone… Continue reading

“Liberal Wisconsin Supreme Court justice rejects GOP call to recuse on redistricting cases”

October 6, 2023, 4:33 pmjudicial elections, redistrictingRick Hasen

AP: The Wisconsin Supreme Court, in a 4-3 vote along partisan lines Friday, agreed to hear a challenge to Republican-drawn legislative maps after a newly elected liberal justice declined to recuse herself. Justice Janet Protasiewicz’s decision to remain on the… Continue reading

Requiring Majority Winners in November

October 6, 2023, 2:36 pmUncategorizedNed Foley

A couple of astute readers of my earlier blog post today asked me whether Georgia’s version of a runoff system would satisfy my proposed majority-winner requirement for congressional elections. The simple answer is no, for a reason that is explained… Continue reading

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