The Contributions of Politics as Markets

September 14, 2023, 6:48 amPoliticsMarkets25Nicholas Stephanopoulos

I’ve long thought of Politics as Markets as the most important contribution to election law in memory (noting that I’m using Politics as Markets as a metonym for the whole series of related articles by Rick and Sam). What made Politics as Markets so groundbreaking? At… Continue reading

David Levine: “Countering the Distortion of Election Administrator Errors”

September 13, 2023, 3:30 pmchicanery, election administrationRick Hasen

The following is a guest post from David Levine: On September 1, Harris County, Texas’ two-year-old elections department was eliminated after the Texas Legislature passed legislation earlier this year abolishing it and the State Supreme Court refused to stop the… Continue reading

Sounds Like Former Wisconsin Supreme Court Justice Gableman’s Testimony at John Eastman’s California Disbarment Trial Did Not Go Well

September 13, 2023, 3:27 pmchicanery, fraudulent fraud squadRick Hasen

LA Times: Cross-examining Gableman last week in Eastman’s trial, Duncan Carling, an attorney representing the California State Bar, asked Gableman if there had been any successful legal challenges to the CTCL grants. “Not yet,” Gableman replied. Was he aware of… Continue reading

“NC’s top judicial official is behind ‘political hit job,’ Democrats say”

September 13, 2023, 1:41 pmUncategorizedRick Hasen

WRAL: North Carolina’s highest-ranking judicial official is personally behind the push for an investigation into a fellow justice, a state lawmaker claimed Wednesday, calling it a politically motivated attack. Supreme Court Justice Anita Earls was recently put under investigation, WRAL… Continue reading

Niels Petersen and Emanuel V. Towfigh: Politics as Markets in Germany

September 13, 2023, 9:02 amPoliticsMarkets25Rick Hasen

The following is a guest post from Niels Petersen and Emanuel V. Towfigh, part of the Politics as Markets at 25 symposium: Politics as Markets by Professors Samuel Issacharoff and Rick Pildes is a seminal, path-breaking piece of scholarship… Continue reading

The Case for Proportional Representation

September 13, 2023, 8:53 amUncategorizedProportional Representation, ScholarshipTabatha Abu El-Haj

The Democracy Journal, in partnership with Protect Democracy and Democracy Fund, has published a symposium making The Case for Proportional Representation. In a series of essays, Didi Kuo, Guy-Uriel Charles, and other leading scholars explore how winner-take-all elections are aggravating some of our… Continue reading

We’ve Issued a Major New Report, “24 for ’24: Urgent Recommendations in Law, Media, Politics, and Tech for Fair and Legitimate 2024 Elections”

September 13, 2023, 7:34 amabsentee ballots, election administration, election subversion risk, The Voting Wars, Voting Rights Act, voting technologyRick Hasen

Back in March, the UCLA Law Safeguarding Democracy Project held a conference, Can American Democracy Survive the 2024 Elections? Following the conference some of the participants met as an ad hoc committee to consider recommendations in law, politics, media, and… Continue reading

North Carolina: “Mark Harris, center of 2018 ballot scandal, announces new congressional campaign”

September 13, 2023, 7:15 amchicaneryRick Hasen

Charlotte Observer: Mark Harris, whose 2018 congressional campaign was at the center of a ballot-harvesting scandal ending in a new election and felony indictments for an operative who worked for him, announced his campaign for Congress on Tuesday. Harris’s own… Continue reading

Steven Calabresi (of Federalist Society) Reverses View on Whether Trump Is Disqualified under the 14th Amendment

September 13, 2023, 7:11 amUncategorizedRick Hasen

Via Josh Blackman (who has a new draft article with Seth Tillman disputing the originalist account that Will Baude and Michael Stokes Paulsen offered on this question).

Justice Thomas Asks for Response from Voting Rights Plaintiffs by Sept. 19 in Alabama’s Emergency Motion to Avoid Creating Second Black Opportunity District for Congress

September 13, 2023, 7:07 amredistricting, Supreme Court, Voting Rights ActRick Hasen

Docket.

“Wisconsin’s Democratic governor rejects GOP’s surprise redistricting plan”

September 13, 2023, 6:52 amredistrictingRick Hasen

AP: Wisconsin Democratic Gov. Tony Evers shot down as “bogus” a surprise plan Republicans floated Tuesday that would have the Legislature approve new maps drawn by nonpartisan staff, preempting the state Supreme Court from tossing the current GOP-drawn boundaries. The… Continue reading

“GOP lawyer with ties to three Trump rivals enters 14th Amendment fray”

September 12, 2023, 3:10 pmelection subversion riskRick Hasen

WaPo: A Republican election lawyer with ties to three of former president Donald Trump’s GOP primary opponents has joined a crowded field of individuals and groups exploring whether the former president can be kept off the ballot for his role… Continue reading

“A Trump Appointee is Trying to Gut the FEC’s Ability to Investigate Campaign Finance Crimes”

September 12, 2023, 1:56 pmfederal election commissionRick Hasen

The Intercept: The government agency tasked with investigating campaign finance violations is on its way to intentionally making that very obligation more difficult to accomplish. The Federal Election Commission is a notoriously deadlocked agency that has nonetheless taken some significant… Continue reading

“How the Supreme Court Should Respond to Alabama’s Defiance”

September 12, 2023, 10:22 amredistricting, Supreme Court, Voting Rights ActRick Hasen

Kate Shaw for the NYT: Alabama’s appeal confronts the Supreme Court with a profound test. The case may appear to involve a set of technical questions about one state’s legislative map. But it is more fundamentally about whether the Supreme… Continue reading