Election Law Professor Steve Mulroy Defeats Shelby County (Tn) District Attorney Amy Weirich After Controversial Voting Prosecution of Pamela Moses

August 5, 2022, 6:44 amelection law bizRick Hasen

Big news from the other Shelby County. More on the Moses controversy and the race from Bolts Magazine.

“How Do You Actually Stop the Steal?; A new bipartisan bill would revise how the presidential vote is certified. But it could come with risky loopholes.”

August 5, 2022, 6:38 amelection subversion risk, electoral collegeRick Hasen

Russell Berman for The Atlantic.

“Momentum Builds for Overhaul of Rules Governing the Electoral Count”

August 4, 2022, 6:58 amelection subversion risk, electoral collegeRick Hasen

Carl Hulse for the NYT: Determined to prevent a repeat of the Jan. 6, 2021, assault on the Capitol, backers of an overhaul of the federal law governing the count of presidential electoral ballots pressed lawmakers on Wednesday to repair… Continue reading

“Trump’s Pandora’s Box: Election-Denying Candidates are Refusing to Concede”

August 4, 2022, 6:50 amelection subversion riskRick Hasen

Axios on the new trend across the country. Here’s what I told them: “If people believe the other side is consistently stealing elections, first of all, you completely delegitimize people in office … but second, you create the conditions… Continue reading

“Election Law Localism and Democracy”

August 4, 2022, 6:48 amUncategorizedRick Hasen

Richard Briffault has posted this draft on SSRN (forthcoming, North Carolina Law Review). Here is the abstract: American federal and state elections are largely run by local officials. Although election law is almost entirely determined by the federal government and… Continue reading

“Trump Lawyer Proposed Challenging Georgia Senate Elections in Search of Fraud; On the day of President Biden’s inauguration, John Eastman suggested looking for voting irregularities in Georgia — and asked for help being paid the $270,000 he billed the Trump campaign.”

August 3, 2022, 5:32 pmchicanery, election subversion risk, fraudulent fraud squadRick Hasen

NYT: John Eastman, the conservative lawyer whose plan to block congressional certification of the 2020 election failed in spectacular fashion on Jan. 6, 2021, sent an email two weeks later arguing that pro-Trump forces should sue to keep searching for… Continue reading

“Democrats face blowback after boosting far-right Michigan candidate”

August 3, 2022, 2:11 pmelection subversion riskRick Hasen

WaPo: Democrats faceda backlash Wednesday — including from within their own ranks — after inserting themselves into a GOP primary in western Michigan, helping a far-right candidate who has embraced false claims about the 2020 election to topple a Republican… Continue reading

“In 4 Swing States, G.O.P. Election Deniers Could Oversee Voting”

August 3, 2022, 12:29 pmelection subversion riskRick Hasen

NYT: With Tuesday’s primary victories in Arizona and Michigan added to those in Nevada and Pennsylvania, Republicans who have disputed the legitimacy of the 2020 presidential election and who pose a threat to subvert the next one are on a… Continue reading

“Fight over online political ads heats up ahead of midterms”

August 3, 2022, 10:26 amUncategorizedRick Hasen

Politico: Get ready for Facebook versus the researchers: Round 2.With just over four months to go before midterm elections, academics at New York University are gearing up for another battle with Facebook over how to track digital ads after… Continue reading

“Pro-Trump activists swamp election officials with sprawling records requests”

August 3, 2022, 10:22 amUncategorizedRick Hasen

Reuters reports.

“Several election deniers backed by Trump prevail in hotly contested primaries”

August 3, 2022, 7:02 amelection subversion risk, fraudulent fraud squadRick Hasen

WaPo: Several election deniers backed by former president Donald Trump prevailed in closely-watched primaries held Tuesday, as a nationwide battle over the future of the GOP played out in state and federal races across five states.In Michigan, Rep. Peter… Continue reading

A Brief Response to the Tribe et. al. Op-ed on the Electoral Count Act Reform Bill

August 2, 2022, 6:03 pmUncategorizedRichard Pildes

This is a joint post with Ned Foley: Along with a bipartisan group of election-law experts, we endorsed the bipartisan Senate draft Electoral Count Act Reform bill as a “vast improvement” over the status quo. None of the suggestions… Continue reading

“Arizona Officials Warned Fake Electors Plan Could ‘Appear Treasonous'”

August 2, 2022, 2:43 pmelection subversion riskRick Hasen

NYT: Two Arizona Republicans recruited by allies of former President Donald J. Trump to join an effort to keep him in office after he lost the 2020 election grew so concerned about the plan that they told lawyers working… Continue reading

The Different Potential Versions of Any “Independent State Legislature Doctrine”

August 2, 2022, 12:14 pmUncategorizedRichard Pildes

In my testimony on the independent state legislature theory (ISLT) to the House Administration Committee, I identified seven different potential versions of such a doctrine, should the Court endorse it at all. That highlights the fact that the question is… Continue reading