En Banc Sixth Circuit Rejects Challenge to Federal Campaign Finance Rules Limiting Coordinated Spending Between Candidates and Parties, with Strong Hint SCOTUS Will Strike the Limits Down

September 5, 2024, 5:16 pmcampaign finance, Supreme CourtRick Hasen

I have been waiting for this issue to get back to the Supreme Court for a while, and this is just the vehicle that could get it there. I don’t expect the Court, if it considers the issue, to uphold… Continue reading

“Evidence in January 6 case against Trump could be released before election under new schedule”

September 5, 2024, 5:13 pmUncategorizedRick Hasen

CNN: Judge Tanya Chutkan has set a schedule in the federal election subversion case against former President Donald Trump that will allow prosecutors to release never-before-seen evidence, such as grand jury transcripts, ahead of the presidential election. The deadline for… Continue reading

“Pennsylvania voters can cast a provisional ballot if their mail ballot is rejected, court says”

September 5, 2024, 5:11 pmUncategorizedRick Hasen

AP: A court decided Thursday that voters in the presidential battleground of Pennsylvania can cast provisional ballots in place of mail-in ballots that are rejected for a garden-variety mistake they made when they returned it. Democrats typically outvote Republicans by… Continue reading

My Interview on NPR’s Here and Now: “Election expert: It will be harder for Trump to challenge the 2024 election”

September 5, 2024, 11:03 amelection subversion riskRick Hasen

You can listen here.

“Chutkan says 2024 election ‘not relevant’ in deciding Trump criminal case timeline”

September 5, 2024, 11:02 amelection subversion riskRick Hasen

Politico: The imminent presidential election will have no bearing on the schedule of Donald Trump’s criminal proceedings for seeking to subvert the last one, U.S. District Judge Tanya Chutkan vowed Thursday. “The electoral process and the timing of the election… Continue reading

“The Narrow Reach of Targeted Corrections: No Impact on Broader Beliefs About Election Integrity”

September 5, 2024, 9:07 amUncategorizedRick Hasen

John M. Carey et al new paper in Political Behavior. Abstract: Fact-checks have been shown to be effective in correcting specific false beliefs, but do they also cause people to update their broader views about the phenomenon in question? We… Continue reading

“Moore v. Harper, Evasion, and the Ordinary Bounds of Judicial Review”

September 5, 2024, 9:04 amlegislation and legislatures, Supreme CourtRick Hasen

David Gans, Brianne Gorod, and Anna Jessurun have posted this draft on SSRN (forthcoming, Boston College Law Review). Here is the abstract: In Moore v. Harper, the Supreme Court confronted head on for the first time the so-called independent state… Continue reading

“Wisconsin voter ID law still causing confusion, stifles turnout in Milwaukee, voting advocates say”

September 5, 2024, 9:01 amUncategorizedRick Hasen

Milwaukee Journal-Sentinel: Nearly a decade ago, Wisconsin traded its designation as one of the easiest places to cast ballots for stricter voting rules that set off a still-ongoing debate over voter access. The implementation of a state law that… Continue reading

Sept. 12 Safeguarding Democracy Project Webinar: “From Here to There: How States Can and Should Certify the Results of the 2024 Elections”

September 5, 2024, 7:20 amelection subversion riskRick Hasen

Join us! (Free registration required): Thursday, September 12, 12:15pm-1:15pm PT, Webinar Webinar Registration Ben Berwick, Head of Election Law & Litigation Team & Counsel (Protect Democracy), Lauren Miller Karalunas, (Brennan Center for Justice), and Michael Morley (Florida State University… Continue reading

“GOP lawsuits set the stage for state challenges if Trump loses the election”

September 5, 2024, 7:16 amelection subversion risk, The Voting WarsRick Hasen

AP: Despite the flurry of litigation, the cases have tended to be fairly small-bore, with few likely impacts for most voters. “When you have all this money to spend on litigation, you end up litigating less and less important stuff,”… Continue reading

“Federal appeals court says Montana’s ‘double voting’ law is vague, redundant”

September 5, 2024, 7:12 amThe Voting WarsRick Hasen

Daily Montanan: A three-judge federal appeals panel said that a law passed by Republicans in the Legislature to eliminate double-voting, something already illegal, violates the U.S. Constitution, siding with a federal judge in Montana who stopped the law. House Bill… Continue reading

“Republicans Seize on False Theories About Immigrant Voting”

September 5, 2024, 7:10 amfraudulent fraud squad, The Voting WarsRick Hasen

NYT: In late July, a group of Republican activists met on a Zoom call to discuss preparations for the November election. The topic was how to keep undocumented immigrants from voting in November, a problem they claim, inaccurately, to be… Continue reading

“GOP appeals date ruling on mail-in ballots to Pa. Supreme Court”

September 5, 2024, 7:08 amabsentee ballots, election administration, The Voting WarsRick Hasen

Trib Live: The Republican National Committee and Republican Party of Pennsylvania are appealing a Commonwealth Court ruling that mail-in ballots with incorrect or missing dates on their outer envelopes should be counted. The appeal to the state Supreme Court was… Continue reading

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The law of politics and the politics of law