Thomas Keck, “Free Speech in an Age of Democratic Backsliding”

July 23, 2023, 5:45 amcheap speechDan Tokaji

Here’s the abstract of the paper available on SSRN: “This review essay draws on recent books by Richard L. Hasen and Jacob Mchangama to reflect on the difficult tradeoffs faced by civil liberties advocates in the context of democratic… Continue reading

“Before Jan. 6, Mark Meadows joked about Trump’s election claims”

July 22, 2023, 6:03 amelection subversion riskDan Tokaji

WaPo: “Mark Meadows joked about the baseless claim that large numbers of votes were fraudulently cast in the names of dead people in the days before the then-White House chief of staff participated in a phone call in which… Continue reading

“The numbers behind Trump’s confidence the Jan. 6 indictment won’t matter”

July 22, 2023, 5:56 amelection subversion risk, political polarizationDan Tokaji

Politico dives into GOP opinion on January 6: The most common sentiment from Republican voters about Jan. 6, 2021, isn’t that it was an assault on democracy or that Donald Trump is the true winner of the 2020 election. It’s… Continue reading

Trump’s 2024 Campaign/Trial Calendar

July 22, 2023, 3:33 amcampaigns, election subversion riskDan Tokaji

WaPo has this story with a nifty graphic on how next year is shaping up for the former and aspiring president — and all of us — with four criminal or civil cases already scheduled and more in the works.… Continue reading

New ELJ Article: “Voter Perceptions of Secrecy in the 2020 Election”

July 22, 2023, 3:26 amelection administration, political polarizationDan Tokaji

Here’s the abstract of the article by Lonna Rae Atkeson, Eli McKown-Dawson, M.V. Hood, and Robert Stein, finding that Republicans are more concerned about the secrecy of their ballots since 2020: Modern democracies pride themselves on enacting and implementing laws… Continue reading

“‘Suppression’ or No, Most Voting‐Law Changes Don’t Alter Partisan Outcomes”

July 21, 2023, 5:18 pmThe Voting WarsDan Tokaji

Walter Olson at Cato on the Grimmer/Hersh paper. Here’s a key point made by Olson, which I tend to agree with: “[M]any old ideas about who votes for which party are no longer useful. ‘Voter suppression’ narratives often rest… Continue reading

“Alabama legislature adopts new congressional map that could defy court order”

July 21, 2023, 5:11 pmredistricting, Voting Rights ActDan Tokaji

WaPo: The Republican-led legislature in Alabama approved a new congressional map on Friday that increases the percentage of Black voters in two of the state’s congressional districts. But a legal challenge to the map is already in the works,… Continue reading

“Election Denial in California”

July 21, 2023, 5:08 pmelection subversion risk, voting technologyDan Tokaji

From Politico’s California Playbook: Beneath the thick top layer of the state’s Democratic control is a passionate base of conservative voters that even the Republican Party sometimes has to rein in. Pandemic rage, Donald Trump’s loss in his reelection… Continue reading

“AI Disinformation Drives Lawmaker Fears About 2024 ‘Wild West’”

July 21, 2023, 4:24 amcampaign finance, chicaneryDan Tokaji

Bloomberg: “The increased use of artificial intelligence by campaigns has far surpassed how Congress, political parties, and federal regulators are addressing the technology. Without limits on deepfakes, fears that disinformation could shape the 2024 elections are expected to worsen… Continue reading

Federal Lawsuit against DeSantis and Florida Election Officials over Rollout of Felon Voting Rights Restoration

July 21, 2023, 4:12 amfederal election commission, felon voting, UncategorizedDan Tokaji

Tampa Bay Times reports: “Nearly five years after Floridians voted to allow people with felony convictions to restore their voting rights, the coalition that pushed for the change is suing the state, arguing Florida created a system that impedes… Continue reading

“Florida’s elections laws pose challenge for voter registration groups”

July 21, 2023, 3:59 amvoter registrationDan Tokaji

Tampa Bay Times: Florida made it tougher to vote and engage in civic activities following baseless allegations from former President Donald Trump that his re-election in 2020 was stolen from him. In May, Gov. Ron DeSantis signed a bill… Continue reading

“Trump prosecutions consume campaign funds and messaging as charges mount”

July 21, 2023, 3:53 amcampaign finance, election subversion riskDan Tokaji

WaPo on the vanishing distinction between Trump’s campaign and legal defense: “[J]ust over half of the money [Trump] raised last quarter went not to the campaign itself but to an affiliated PAC that is footing the legal bills. Of more… Continue reading

“A Collision in Court: Trump Grand Jury Proceedings Delay a Jan. 6 Verdict”

July 21, 2023, 3:47 amelection subversion riskDan Tokaji

NYT: “On Thursday, … a federal judge hauled the prosecutor leading the election interference investigation out of a grand jury proceeding and summoned him into his courtroom. The judge, Trevor N. McFadden, was apparently upset that the prosecutor, Thomas… Continue reading

“Texas jettisons bipartisan voter list program ERIC”

July 21, 2023, 3:44 amvoter registrationDan Tokaji

Politico: Texas is leaving the Electronic Registration Information Center, becoming the latest — and largest — Republican-led state to leave the bipartisan voting list maintenance program. The move by the nation’s second-most-populous state, while widely expected for months, is… Continue reading