“Police are questioning Florida voters about signing an abortion rights ballot petition”

September 10, 2024, 7:10 amdirect democracyRick Hasen

AP: State police are showing up at Florida voters’ homes to question them about signing a petition to get an abortion rights amendment on the ballot in November, and a state health care agency has launched a website targeting the… Continue reading

Codrington: “Unprincipled All the Way Down”

September 10, 2024, 7:07 amSupreme CourtRick Hasen

Wilfred Codrington has posted this draft on SSRN (forthcoming, Washington and Lee Law Review). Here is the abstract: In 2006, the Supreme Court issued an emergency stay order in Purcell v. Gonzalez. Sparing in words and inattentive to the realities on… Continue reading

“Justice Department Issues New Guidance on Federal Law Regarding Voter Registration”

September 10, 2024, 7:05 amDepartment of Justice, Voting Rights ActRick Hasen

DOJ release: The Justice Department announced today that it has published a new guidance addressing limits on when and how jurisdictions may remove voters from their voter lists. The guidance document reflects the department’s commitment to ensuring that every eligible… Continue reading

“Crosspartisan coalition calls on presidential candidates to embrace transparency, disclose their campaign ‘bundlers'”

September 10, 2024, 6:59 amcampaign financeRick Hasen

Release: In an effort spearheaded by Issue One, 13 organizations from across the ideological spectrum are urging Democratic presidential nominee Kamala Harris, Republican presidential nominee Donald Trump, and independent presidential candidate Robert F. Kennedy, Jr., to publicly… Continue reading

Webinar: “The State of Election System Reform in 2024”

September 10, 2024, 6:52 amUncategorizedNed Foley

The Election Law at Ohio State program is hosting a webinar on the multiple efforts around the country this year to reform the structure of elections (including the effort in Alaska to repeal that state’s previous reform). Date & Time:… Continue reading

Divided Michigan Supreme Court reverses Court of Appeals, orders RFK back on ballot

September 9, 2024, 2:02 pmballot accessDerek Muller

Order here. The order avoids the legal question of whether Kennedy could remove his name from the ballot, and instead argues that Kennedy wrongly sought mandamus (i.e., there’s no clear legal duty for the Secretary of State to remove… Continue reading

“Election prosecutions? North Dakota’s governor sees no issue with Trump’s remarks.”

September 9, 2024, 7:54 amelection subversion riskRick Hasen

Politico: Gov. Doug Burgum on Sunday tried to dial down reaction to Republican president nominee Donald Trump’s Saturday statement on Truth Social that threatened extensive election prosecutions. Trump on Saturday posted on Truth Social: “WHEN I WIN, those people that… Continue reading

“Why Trump’s Conviction Can’t Stand; It rests on an intent to violate a state law that is pre-empted by the Federal Election Campaign Act.”

September 9, 2024, 7:44 amcampaign financeRick Hasen

David Rivkin and Elizabeth Price Foley WSJ oped: Mr. Trump was indicted under New York’s law prohibiting falsification of business records, which is a felony only if the accused intended “to commit another crime” via the false record. Judge… Continue reading

“A Deeper Look at the Scope, Impact, and Risks of Company Political Spending”

September 9, 2024, 7:42 amcampaign financeRick Hasen

Bruce Freed and Jeanne Hanna: What exactly is the scope and impact of corporate political spending? Much has been written about the risks – legal, reputational and bottom line – faced by companies engaging in this spending. But it… Continue reading

“Trump pledges to jail opponents, baselessly suggests election will be stolen from him”

September 8, 2024, 1:41 pmelection subversion riskRick Hasen

And now the WaPo story: Republican presidential nominee Donald Trump threatened to jail people “involved in unscrupulous behavior” related to voting in the 2024 election, suggesting without evidence that the election could be stolen from him — and prompting widespread… Continue reading

“What is the Claremont Institute doing back at APSA?”

September 8, 2024, 10:36 amchicaneryRick Hasen

Dave Karpf: Let me tell you a little story about institutional cowardice. The American Political Science Association (APSA) is my primary professional association. Every year, APSA holds a massive convention of political science professors. We present working papers, give feedback,… Continue reading

Must read: “Trump threatens lawyers, donors and election officials with prison for ‘unscrupulous behavior'” (Why Is This Not Getting More Coverage?)

September 8, 2024, 10:34 amelection subversion riskRick Hasen

NBC News: Former President Donald Trump, who makes frequent false claims that the 2020 presidential election was stolen through rampant fraud, warned Saturday that he would attempt to imprison anyone who engages in “unscrupulous behavior” during the 2024 race results.… Continue reading

Must-Read and Must-Watch AP Dive Compiling the Evidence of What Happened at the Capitol on January 6, 2021 and Trump and His Allies’ Efforts to Deny It

September 7, 2024, 4:47 pmchicanery, election subversion riskRick Hasen

This is well worth your time: Inside Washington’s federal courthouse, there’s no denying the reality of Jan. 6, 2021. Day after day, judges and jurors silently absorb the chilling sights and sounds from television screens of rioters beating… Continue reading

Sept. 26 Hofstra Conference: “The Role of Lawyers in Defending Democracy”

September 7, 2024, 4:24 pmUncategorizedRick Hasen

Very important topic and great lineup for this conference at Hofstra’s Freedman Institute for the Study of Legal ethics.

Election Law Blog

The law of politics and the politics of law