“Lawsuit alleges lifetime jury ban harms Black New Yorkers and undermines democracy”

December 13, 2022, 6:35 amfelon votingfelon bars on jury service, felon disenfranchisementTabatha Abu El-Haj

Brigid Bergin (Gothamist) reports on a recently filed federal class-action suit challenging the constitutionality of a New York state law that bars felons from jury service. The suit argues that jury service is a critical democratic practice, and… Continue reading

“Obstruction Charge Takes Center Stage at Jan. 6 Court Hearing”

December 12, 2022, 4:46 pmelection subversion riskRick Hasen

NYT: Prosecutors and defense lawyers squared off on Monday at a federal appeals court hearing in Washington over the use of a criminal charge whose viability could affect the cases of hundreds of people indicted in connection with the Jan.… Continue reading

With Two Judges Not Participating and Two Dissenting, D.C. Circuit Will Not Review En Banc Decision That Allows a Minority of FEC Commissioners to Block Judicial Review By Bare Assertion of “Prosecutorial Discretion”

December 12, 2022, 2:40 pmcampaign finance, federal election commissionRick Hasen

This is a travesty and renders the judicial review procedures of FEC actions mostly meaningless. Judge Millett’s dissent from the denial of en banc review begins: Essential to the rule of law is the principle that a governmental agency cannot… Continue reading

“Special counsel sends Trump subpoena to Ga. secretary of state Raffensperger”

December 12, 2022, 2:37 pmUncategorizedRick Hasen

WaPo: Special counsel Jack Smith has sent a grand jury subpoena to Georgia Secretary of State Brad Raffensperger, bringing to five the number of 2020 battleground states where state or local election officials are known to have received such requests… Continue reading

Sholk’s Latest “A Guide to Election Year Activities of Section 501(c)(3) Organizations”is Now Available

December 12, 2022, 11:13 amtax law and election lawRick Hasen

Here.

“How Kari Lake’s campaign to be the Trump of 2022 unraveled”

December 12, 2022, 6:48 amfraudulent fraud squadRick Hasen

WaPo: After Kari Lake rode former president Donald Trump’s endorsement to the Republican nomination for governor of Arizona, some of her aides and allies urged her to moderate her campaign to compete in the November election. Advisers wanted her… Continue reading

“Strong midterm turnout in Georgia sparks new debate about a controversial election law”

December 12, 2022, 6:45 amUncategorizedRick Hasen

CNN reports.

“A Supreme Court Case That Threatens the Mechanisms of Democracy: At stake in Moore v. Harper is the question of how elections should be run — and who should resolve the inevitable disputes when they arise.”

December 12, 2022, 6:42 amSupreme CourtRick Hasen

Andrew Marantz for The New Yorker.

“Inside the secret $32M effort to stop ‘Stop the Steal’

December 12, 2022, 6:40 amUncategorizedRick Hasen

Politico: A pair of progressive organizations operating in complete secrecy spearheaded a $32 million campaign during the midterms to push back against former President Donald Trump’s “Stop the Steal” movement. The effort, first reported by POLITICO, was undertaken by two… Continue reading

“What the Jan. 6 select committee’s final report will look like”

December 12, 2022, 6:37 amelection subversion riskRick Hasen

Politico: The Jan. 6 select committee’s final report will begin with a voluminous executive summary describing former President Donald Trump’s culpability for his extensive and baseless effort to subvert the 2020 election, according to people briefed on its contents.… Continue reading

Thanks to Derek for Serving as Primary ELB Blogger Last Week

December 12, 2022, 6:36 amUncategorizedRick Hasen

I’m back in the saddle, gearing up for what’s next.

“Lofgren, Cheney Request Technical Fixes to Electoral Count Reform Act”

December 11, 2022, 7:43 pmelection subversion risk, electoral collegeRick Hasen

Cato: Reps. Zoe Lofgren and Liz Cheney were the primary sponsors of the House’s version of Electoral Count Act reform, which was passed by the House earlier this year. That bill is unlikely to proceed now, with attention focused… Continue reading