“Section Three of the Fourteenth Amendment: Our Questions, Their Answers”

October 3, 2023, 3:09 pmUncategorizedRick Hasen

Mark Graber has posted this draft on SSRN. Here is the abstract: he Congressional Globe, case survey, and constitutional commentaries clearly support the following conclusions. First, the constitutional disqualification of government officials who violated their oath of office was central… Continue reading

“Conservatives Should Look MoreClosely at Systemic Election Reforms”

October 3, 2023, 10:15 amalternative voting systemsRick Hasen

New report from Kevin Kosar for AEI.

“As Trump’s Legal Woes Have Escalated, So Have His Violent Remarks”

October 3, 2023, 9:59 amelection subversion riskRick Hasen

NYT: Former President Donald J. Trump had a lot to say on the first day of the fraud trial against him and his company. Speaking to reporters at a Manhattan courthouse on Monday, he dismissed the judge as a “rogue”… Continue reading

“Judge Rules Against Salem Media, Regnery, Dinesh D’Souza, True the Vote, and others; Allows Defamation and Voter Intimidation Case to Proceed in Win for Plaintiff Mark Andrews and Efforts to Seek Accountability for Election Disinformation and Intimidation”

October 2, 2023, 4:50 pmUncategorizedRick Hasen

Protect Democracy release: Today, a federal court in Georgia greenlit a lawsuit against Dinesh D’Souza, Salem Media, Regnery Publishing, True The Vote, and True the Vote’s Catherine Engelbrecht and Gregg Phillips (along with D’Souza Media) for peddling manufactured lies that… Continue reading

Join Us October 12 at 12 pm PT for Free Safeguarding Democracy Project Webinar with Joan Biskupic: “The Roberts Court and American Democracy”

October 2, 2023, 10:25 amSupreme CourtRick Hasen

The event is free but registration is required. I’ll be speaking with Joan, author of the terrific new book, Nine Black Robes. Join us!

GOP Presidential Caucus in U.S. Virgin Islands Will Use Ranked Choice Voting

October 2, 2023, 10:23 amalternative voting systemsRick Hasen

Interesting.

Michigan GOP Lawmakers Appear to Rely on Rejected Version of Independent State Legislature Theory to Attack Recent Voting Laws Passed by Initiative

October 2, 2023, 10:21 amUncategorizedRick Hasen

I haven’t seen the complaint, from from the description of the facts and lawsuit here, this lawsuit should not have much chance of success. If anyone has the complaint, pass it along and I will post here and provide additional… Continue reading

Supreme Court Refuses to Hear Two Ballot Access Cases

October 2, 2023, 7:56 amUncategorizedRick Hasen

Including one involving election law professor Eugene Mazo. Richard Winger has the details.

California’s New Senator Need Not Be a Resident Before Being Appointed to Office

October 2, 2023, 7:46 amUncategorizedRick Hasen

California Governor Gavin Newsom is going to appoint Laphonsa Butler as the new Senator to replace Senator Feinstein, who died last week. Butler used to live in California and still owns a house here, but is currently a Maryland resident… Continue reading

Breaking: Supreme Court Will Not Hear John Eastman Case Seeking to Wipe Out District Court Decision That He Likely Committed a Crime with Trump of Attempted Election Subversion; J. Thomas Recuses

October 2, 2023, 6:44 amelection subversion risk, Supreme CourtRick Hasen

From the order list: 22-1138 EASTMAN, JOHN C. V. THOMPSON, BENNIE G., ET AL.The petition for a writ of certiorari is denied. Justice Thomas took no part in the consideration or decision of this petition. I was glad to see,… Continue reading

Democratic, Republican fundraising for election litigation hits $22 million in 6 months of 2023-24 election cycle, half of last cycle to date

October 2, 2023, 5:08 amcampaign financeDerek Muller

After witnessing a non-presidential election cycle with $154 million earmarked for election litigation to the major political parties, I expected to see continuing climbing figures. Not so fast. The 6-month figures are in, and a mere (?) $22.6 million was … Continue reading

“Opinion: Trump is running despite the 14th Amendment. He’s not the first insurrectionist to do so”

October 1, 2023, 11:46 amUncategorizedRick Hasen

Kermit Roosevelt oped in the LAT.

“Why is an Arizona State University law clinic defending Kari Lake?”

October 1, 2023, 7:50 amUncategorizedRick Hasen

WaPo: Kari Lake, the GOP Senate hopeful from Arizona, still contests her narrow loss in the 2022 Arizona governor’s race and proclaims herself the state’s “lawful governor.” The former television newscaster also baselessly disputes President Donald Trump’s 2020 election… Continue reading

New York: “Redistricting case that could influence control of Congress set for Nov. 15”

October 1, 2023, 7:05 amredistrictingRick Hasen

Times-Union: The fight for control of Congress will face a crucial early battle in November when the state Court of Appeals will hear arguments on whether New York’s congressional boundaries should be redrawn. On Nov. 15, the state’s highest court… Continue reading

Election Law Blog

The law of politics and the politics of law