“‘We Have a Right to Put It on the Ballot’: How Organizers Are Defending Direct Democracy”

August 16, 2023, 5:03 pmUncategorizedBallot Initiatives, gerrymandering, majority rule, redistrictingNed Foley

Bolts Magazine. I see this story as relevant to a basic question that I think is going to confront the field of election law (and, more broadly, the law of democratic procedures) over the next decade or so: the… Continue reading

“What the Heck Happened in Coffee County, Georgia?; A detailed look back at the computer intrusion that features prominently in Fulton County District Attorney Fani Willis’s election interference indictment”

August 16, 2023, 7:25 amchicanery, election subversion risk, voting technologyRick Hasen

Lawfare deep dive by Anna Bower: Days before the forensics team sets foot in Douglas, which is about 130 miles southwest of Savannah, voters had arrived at the elections office to mark their ballots in the state’s runoff election for… Continue reading

“Fani Willis Takes on Trump; How bluster became a criminal conspiracy to disenfranchise Black voters.”

August 16, 2023, 7:22 amUncategorizedRick Hasen

I spoke with Mary Curtis for the Slate “What Next” podcast. Listen here.

“Lawsuit over Wisconsin absentee ballot witness addresses allowed to proceed”

August 16, 2023, 6:29 amUncategorizedabsentee ballots, election administrationNed Foley

Wisconsin State Journal. “A lawsuit that would let Wisconsin election officials accept absentee ballots with partial witness addresses as long as the correct addresses are discernable can proceed, a Dane County judge has ruled. … “The lawsuit was filed against… Continue reading

“Rulebook for Arizona’s 2024 elections faces criticism from multiple sides”

August 16, 2023, 6:20 amUncategorizedelection administrationNed Foley

Votebeat Arizona. “As Secretary of State Adrian Fontes makes rules for how next year’s elections must be run in Arizona, Republican legislative leaders say he’s overstepping his authority. Voting rights advocates say he isn’t exerting enough authority. “The groups publicized… Continue reading

“Georgia election indictment highlights wider attempts to illegally access voting equipment”

August 16, 2023, 6:14 amUncategorizedelection subversion, insider threats, voting equipment securityNed Foley

AP reports. “’The one thing that Coffee County shows, and these other counties as well, is that the effort behind Jan. 6 didn’t stop on Jan. 6,’ said Lawrence Norden, an election security expert with the Brennan Center for… Continue reading

“In Georgia and federal indictments, two vastly different approaches”

August 16, 2023, 5:00 amUncategorizedJanuary 6, The Big LieNed Foley

Washington Post team compares the two indictments, discussing the pros and cons of each approach (one narrower and the other much broader).

“After Years of Spreading Lies, Election Deniers Face Consequences”

August 16, 2023, 4:45 amUncategorizedElection Deniers, January 6, The Big LieNed Foley

Nick Corasaniti in N.Y. Times: “It is still far from clear whether Mr. Trump and his allies who face charges will ultimately be convicted. But the legal threat may force Trump allies to think twice in the future about… Continue reading

“Judge calls new Texas election law unconstitutional but state says it will appeal ruling”

August 16, 2023, 4:31 amUncategorizedelection administrationNed Foley

AP reports: “The law, which would abolish a position that oversees elections in Harris County, was temporarily blocked by state District Judge Karin Crump in Austin after county officials filed a lawsuit earlier this month. “But the judge’s order,… Continue reading

“Trump Plans to Release 100-Page Report on Georgia Election Fraud Claims”

August 15, 2023, 6:40 pmUncategorizedJanuary 6, The Big LieNed Foley

Maggie Haberman and Jonathan Swan in the N.Y. Times. “The report in question, according to people familiar with the matter, is a document of more than 100 pages that was compiled at least in part by Liz Harrington, a Trump… Continue reading

“Mark Meadows seeks to move Georgia prosecution to federal court”

August 15, 2023, 5:55 pmUncategorizedJanuary 6, The Big LieNed Foley

POLITICO reports. “Meadows is the first defendant to try to take the case federal, but others — including Trump — are expected to follow suit. A federal law, known as a “removal statute,” generally allows an “officer of… Continue reading

“1.5% of all absentee/mail-in ballots were rejected in 2022”

August 15, 2023, 5:39 pmUncategorizedabsentee ballotsNed Foley

Ballotpedia News reports (via Electionline). This rate was “roughly equal to the 1.4% rejection rate in 2018, the most recent midterm election, and up from the 1.0% and 0.8% rejection rates in the 2016 and 2020 presidential election cycles,… Continue reading

“States need to pay up to secure 2024 elections, experts warn”

August 15, 2023, 5:27 pmUncategorizedelection administrationNed Foley

Axios reports. “Presidential elections cost $2 billion-$5 billion to administer nationally, yet most of the nation’s 10,000 local jurisdictions are woefully underfunded, Charles Stewart III, director of the MIT Election Data and Science Lab, told the [NCSL] conference. …… Continue reading

“Proposed Legislation Would Restore Voting for Released Felons”

August 15, 2023, 5:22 pmUncategorizedfelon disenfranchisement, Shelby CountyNed Foley

Governing reports. “The Democracy Restoration Act would restore voting rights for released felons in federal elections only. In states where eligibility doesn’t kick in during probation or parole, the voter would only be able to fill out a federal ballot,… Continue reading