“Ken Paxton, Texas’ election denier-in-chief, closes in on third term”

October 19, 2022, 7:31 amelection subversion riskRick Hasen

Texas Tribune: In the days leading up to the 2021 attack on the U.S. Capitol by supporters of former President Donald Trump, Texas Attorney General Ken Paxton urged his followers on social media to “stand with President Trump” and “#StopTheSteal.”On… Continue reading

“Who counts as Black in voting maps? Some GOP state officials want that narrowed”

October 18, 2022, 12:31 pmUncategorizedRick Hasen

NPR: Who counts as Black?The thorny question has quietly found its way before the U.S. Supreme Court again, ensnared in a major legal battle over the Voting Rights Act that could further gut the landmark law and make it harder… Continue reading

“If the Court Endorses the ISLT in Moore v. Harper, Which Version Will It Choose and Why That Matters”

October 18, 2022, 12:16 pmUncategorizedRichard Pildes

Georgetown’s Project on State and Local Government recently hosted a discussion of the Moore case and the independent state legislature doctrine. My contribution is now posted on their blog, here. I’ll also include a few excerpts here: As we… Continue reading

Supreme Court Will Hear Oral Argument in Moore v. Harper (the “Independent State Legislature” theory case) on Wednesday Dec. 7

October 18, 2022, 9:55 amSupreme CourtRick Hasen

Calendar notice.

“Threat to Democracy? Start With Corruption, Many Voters Say”

October 18, 2022, 7:49 amUncategorizedRick Hasen

Nate Cohn NYT: When we started our national poll on democracy last week, David Leonhardt’s recent New York Times front-page story on threats to democracy was at the top of my mind. His article focused on two major issues: the… Continue reading

“Police cameras show confusion, anger over DeSantis’ voter fraud arrests”

October 18, 2022, 7:48 amchicaneryRick Hasen

Tampa Bay Times reports.

“The House Jan. 6 Panel Has Set a High Bar: Showing Criminality”

October 18, 2022, 7:42 amUncategorizedRick Hasen

NYT: In the final moments of what will most likely be the last hearing for the House committee investigating the Jan. 6, 2021, attack on the Capitol, its vice chairwoman, Representative Liz Cheney, returned to a theme that has run… Continue reading

“Majoritarianism and Minoritarianism in the Law of Democracy”

October 18, 2022, 5:48 amUncategorizedRichard Pildes

Sam Issacharoff and I have posted on SSRN this new essay. Here’s the abstract: Democracies grapple with the tension between the principle of majority rule and ensuring respect for the interest of political minorities, however those might be defined… Continue reading

Mike Parsons: “New Poll Shows Path Forward on Impartial Election Administration”

October 17, 2022, 2:41 pmelection administrationRick Hasen

The following is a guest post from Mike Parsons (Senior Counsel for Election Reformers Network and Program Affiliate Scholar at NYU Law): It’s no secret that trust in U.S. elections is worryingly low. But a new survey points the way towards a promising… Continue reading

“Republicans want the Pa. Supreme Court to stop undated mail ballots from being counted”

October 17, 2022, 10:13 amUncategorizedRick Hasen

Philadelphia Inquirer: Republicans are taking the fight over undated Pennsylvania mail ballots straight to the state’s high court, and they’re not waiting until Election Day to do it.A coalition of GOP groups, including the Republican National Committee and the state… Continue reading

Greg Sargent on Kari Lake: Why Hasn’t Arizona’s Strict New Voting Law Restored Voter Confidence:

October 17, 2022, 10:08 amelection subversion riskRick Hasen

Greg in WaPo: Let’s start with democracy. Pressed on whether she would accept the November election results, Lake refused to say, declaring: “I’m going to win the election, and I will accept that result.” (Lake also spewed nonsense about… Continue reading

“Fortifying Election Security Through Poll Worker Policy”

October 17, 2022, 10:04 amUncategorizedRick Hasen

New report from BPC.

“Election Officials Prepare for New Challenges in Midterm Vote”

October 17, 2022, 8:19 amUncategorizedRick Hasen

NYT: The episode is one of many warning signs that has election officials on alert as voting begins for midterm elections, the biggest test of the American election system since Mr. Trump’s lies about the 2020 results launched an assault… Continue reading

“Supreme Court declines to take up effort to secure birthright citizenship for American Samoans”

October 17, 2022, 7:43 amSupreme CourtRick Hasen

CNN: The Supreme Court declined Monday to take up a case asking whether those born in American Samoa are entitled to birthright citizenship under the Constitution’s 14th Amendment.The court’s decision to stay out of the matter will come as… Continue reading