“Securing the 2024 Election”

April 27, 2023, 7:07 amelection subversion riskRick Hasen

New Brennan Center report with recommendations for 2024. Among them: Priority: Combat election disinformation State lawmakers should prohibit the spread of false information about the time, place, and manner of voting when it is shared with the intent to prevent… Continue reading

“After the Oral Argument in Moore v. Harper”

April 26, 2023, 12:15 pmlegislation and legislatures, Supreme CourtRick Hasen

Michael Weingartner & Carolyn Shapiro have posted this draft on SSRN (forthcoming, U. Toledo L. Rev.). here is the abstract: The debate over the so-called independent state legislature theory (“ISLT”) is evolving. Some proponents of the theory have proposed a… Continue reading

Paul Clement leads cert petition in Mazo v. New Jersey Secretary of State on ballot speech issue

April 26, 2023, 11:50 amballot access, First Amendment theory, Supreme CourtDerek Muller

Late last year here at ELB, I highlighted the Third Circuit’s decision in Mazo v. New Jersey Secretary of State. (Disclosure: I filed an amicus brief in that case.) Check out that post for more on the background. Paul… Continue reading

“A state law could help prevent disenfranchising young voters. Why is NY ignoring it?”

April 26, 2023, 10:19 amUncategorizedRick Hasen

Gothamist: A small fraction of New Yorkers who are 16 and 17 years old have completed the process to preregister and automatically be added to voting rolls when they turn 18, according to a new report. The report by… Continue reading

11th Circuit finds Alabama’s felon disenfranchisement law passes constitutional scrutiny

April 26, 2023, 9:39 amConstitutional Right to Vote, election law and constitutional law, felon voting, NVRA (motor voter)Derek Muller

From an opinion by Judge Tjoflat, joined by Judge Moody (sitting by designation) in Thompson v. Secretary of State for the State of Alabama (lightly edited): Greater Birmingham Ministries, an Alabamian non-profit organization dedicated to aiding low-income individuals, and several… Continue reading

“A Fake Craigslist Ad Costs a New Hampshire Man His Right to Vote”

April 26, 2023, 7:30 amchicaneryRick Hasen

NYT: On the day of a special election in New Hampshire in April 2021, Michael Drouin posted a fake advertisement on Craigslist offering a free trailer and listed the phone number of Bill Boyd, a candidate for a state House… Continue reading

“Dozens of bipartisan election officials, former members of Congress, and government officials call on Congress to fund our elections”

April 26, 2023, 7:26 amUncategorizedRick Hasen

New from Issue One.

“Arizona county’s new elections head shared voter fraud memes”

April 26, 2023, 7:23 amelection subversion risk, fraudulent fraud squadRick Hasen

AP: A rural Arizona county where leaders have embraced voting machine conspiracies on Tuesday hired an elections director who has promoted the false claims that voter fraud cost former President Donald Trump reelection in 2020. The two Republicans on the… Continue reading

“Voting rights groups target line relief ban in Georgia election law changes”

April 26, 2023, 7:22 amUncategorizedRick Hasen

GPB: Voting rights groups are going to federal court to block part of a law the General Assembly passed two years ago prohibiting volunteers from providing food and water to voters waiting in long lines at the polls. Groups including… Continue reading

Trump Donor Charged with Voter Fraud, Voting in Both Ohio and Florida in 2020 and 2022

April 26, 2023, 7:16 amchicaneryRick Hasen

Fox8 reports.

“The Jolt: Top Trump lawyer never saw proof of Dominion fraud claims”

April 26, 2023, 7:14 amchicanery, voting technologyRick Hasen

AJC: One of the chief architects of pro-Donald Trump election conspiracy theories conceded in a recording that she never saw evidence of voting machine fraud in Georgia — and that’s why she didn’t target election equipment maker Dominion in a… Continue reading

“The State Con-Con Papers”

April 26, 2023, 7:11 amUncategorizedRick Hasen

JH Snider with 223 pages on state constitutional conventions. And another using the U.S. Virgin Islands as a case study.

Election Litigation Fell Almost 25 Percent in 2021-22 Compared to Last Midterm Election Season (2017-18), But Slump May Not Last [Corrected]

April 26, 2023, 7:01 amelection administration, The Voting WarsRick Hasen

My latest data crunching of a sample of election law cases shows a steep drop in the rate of election litigation, with litigation averaging 257 .5 cases per year in the 2021-22 midterm election period, down almost 19 percent compared… Continue reading

Stopping Gerrymandering by Respecting Territorial Communities

April 25, 2023, 7:35 amUncategorizedNicholas Stephanopoulos

As Rick noted, the Alaska Supreme Court held on Friday that “partisan gerrymandering is unconstitutional under the Alaska Constitution,” specifically, its equality guarantee in Article I, Section 1. This ruling is notable in at least two respects. First, it’s… Continue reading