Breaking: Supreme Court, on (Apparent) Party Line Vote, Allows Virginia Purge of 1,600 Voters Identified as Possible Non-Citizens (But We Know Some are Erroneously on This List)

October 30, 2024, 7:05 amSupreme CourtRick Hasen

Here is the order: All the Republican-appointed Justices voted to allow the purge and all the Democratic-appointed Justices dissented. The argument was that this last minute purge violated the National Voter Registration Act’s ban on systematic cleaning of voting rolls… Continue reading

The Bush v. Gore-Like Equal Protection Issue Lurking in the Pennsylvania Cases

October 30, 2024, 6:54 amSupreme CourtRick Hasen

Yesterday I linked to a week-old story about how the chances of being alerted of a problem with your mail ballot and being able to cure it depended on where you live. It raises questions of unequal treatment of voters… Continue reading

Some risks about overstating risks this election

October 30, 2024, 6:50 amelectoral collegeDerek Muller

In the midst of so many disaster scenarios and worries ahead of this election, it’s worth noting that the more that risks are overstated, the more legitimate those risks appear. It’s been disappointing to see many stories (too many to… Continue reading

“Who will be the next president? News outlets are running out of ways to communicate the uncertainty”

October 30, 2024, 6:49 amUncategorizedRick Hasen

Brian Stelter for CNN: “I’ve used just about every adjective for ‘close,’ and ‘even,’ but that’s the message every time,” Anthony Salvanto, the CBS News executive director of elections and surveys, told CNN. Election-related fears and anxieties are especially high this year, but the… Continue reading

Florida, Man (Ballots Fell Out of a Truck in Miami and a Postal Worker Threw Out Mail including a Ballot in Orlando)

October 30, 2024, 6:47 amUncategorizedRick Hasen

Miami Herald: Containers with Miami-Dade ballots were found on the side of a road overnight after they fell out of a county truck, the Elections Department confirmed Tuesday. “The worker forgot to lock the back of the truck and as… Continue reading

“There Is No ‘Little Secret’ Speaker Power over the Electoral Count”

October 29, 2024, 4:28 pmelection subversion risk, electoral collegeRick Hasen

Andy Craig at Cato at Liberty: The Speaker’s role during the electoral count is, in fact, nearly non-existent. There are no lawful mechanisms for the Speaker to derail the joint session of Congress without the backing of concurrent majorities in… Continue reading

“These Pennsylvania counties give voters a chance to fix errors on their mail ballots (MAP)”

October 29, 2024, 3:18 pmelection administrationRick Hasen

I had missed this Votebeat/Spotlight PA story last week, but it seems to me it could be significant if it all comes down to PA: Voters in most Pennsylvania counties will have the chance to fix errors with their mail… Continue reading

“Supreme Court rejects RFK Jr. plea to be removed from ballot in two swing states”

October 29, 2024, 2:34 pmballot access, Supreme CourtRick Hasen

NBC News: The Supreme Court on Tuesday rejected a long-shot bid by Robert F. Kennedy Jr., who ended his independent presidential campaign, seeking his removal from the ballot in the key swing states of Wisconsin and Michigan. Kennedy has… Continue reading

Ben Ginsberg: “I’ve Been Through a Lot of Election Nights. Here’s How Nov. 5 May Go.”

October 29, 2024, 2:27 pmchicanery, election administrationRick Hasen

Ben Ginsberg NYT oped: Get ready for a long election night — or nights. The 2024 presidential race is likely to come down to the seven battleground states: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin. Winners are… Continue reading

Indiana: “‘This is political bulls**t’: Former Republican candidate charged with stealing Madison County election ballot”

October 29, 2024, 2:25 pmchicaneryRick Hasen

Fox 59: A former Republican candidate running for an Indiana seat in the U.S. House of Representatives has been arrested and charged with stealing several election ballots during a recent voting machine test. Larry L. Savage Jr., a candidate in … Continue reading

Updated Estimate on the Number of Ballots Potentially at Stake in the PA Stay Application Now Pending before the Supreme Court

October 29, 2024, 1:06 pmUncategorizedRichard Pildes

The Republican National Committee filed yesterday an emergency stay application in the PA Genser litigation. The theory underlying the RNC brief significantly expands the scope of absentee ballots potentially affected. In light of that, I have to update my initial… Continue reading

4th Circuit finds RNC raised federal question in NC state equal protection dispute by invoking HAVA

October 29, 2024, 1:04 pmcourt decisions, voter registrationDerek Muller

Wonky civil procedure decision today (that is, Republicans filed in state courts and would have preferred to stay there; the board removed to federal court and wanted to stay there) in RNC v. N.C. State Bd. of Elections (lightly revised):… Continue reading

Watch Video of My MSNBC Appearance with Ana Cabrera Talking About 2024 Election Litigation and What to Expect Next Week

October 29, 2024, 12:47 pmUncategorizedRick Hasen

You can watch here:

“As Texas refuses online voter registration, paper applications get lost”

October 29, 2024, 12:40 pmvoter registrationRick Hasen

Votebeat and the Texas Tribune: There is no simple way to know how many people are disenfranchised because of this, but more than a dozen local election officials and volunteer deputy registrars shared examples, and multiple people told similar… Continue reading

Election Law Blog

The law of politics and the politics of law