“Pennsylvania’s mail-in voting law has its day in Supreme Court”

March 12, 2022, 5:14 amUncategorizedRichard Pildes

From PA Capital Star: The law, known as Act 77, was declared unconstitutional in a 3-2 January decision by the state’s Commonwealth Court, as it ruled on two challenges to the law — one brought by the Republican lawmakers,… Continue reading

“How Pence used 43 words to shut down Trump allies’ election subversion on Jan.6”

March 12, 2022, 5:05 amUncategorizedRichard Pildes

This is a deceptively important point. There are some who argue that the VP is required by the Electoral Count Act to refer to Congress any slate of purported electors that has been submitted to Congress. Pence took the position,… Continue reading

“Shutout for feds in straw donor trial “

March 12, 2022, 4:56 amUncategorizedRichard Pildes

From Politico: A federal jury has acquitted two men of all charges in an alleged scheme to use straw donors to funnel nearly $2 million to various political causes including Hillary Clinton’s 2016 presidential bid and GOP House candidates… Continue reading

Watch Archived Video of My Conversation with Trevor Potter on My Cheap Speech Book, “Turning the Tide of Disinformation”

March 11, 2022, 11:02 amcheap speechRick Hasen

You can watch this conversation sponsored by the Campaign Legal Center at this link:

“Wisconsin Elections Commission pushes back on Gableman report”

March 11, 2022, 9:48 amUncategorizedRichard Pildes

Wisconsin NPR: The Wisconsin Elections Commission is pushing back on a Republican-ordered report released this week that cast doubt on the 2020 election in Wisconsin, saying the review was full of misunderstandings and outright falsehoods.The report includes an assertion by… Continue reading

David Toscano: “State Supreme Courts Open New Front in the War on Hyperpartisan Redistricting”

March 11, 2022, 8:24 amredistrictingRick Hasen

The following is a guest post from David Toscano: Ohio, Pennsylvania, and North Carolina have been on the frontlines of partisan division for over a decade, often being viewed as swing states in national electoral contests. Now, each state’s… Continue reading

“How the Supreme Court’s gerrymandering ruling vindicated the wisdom of John Roberts”

March 11, 2022, 8:18 amUncategorizedRichard Pildes

Provocative Jason Willick piece at the Wash Post: Where does Chief Justice John G. Roberts Jr. go to get his apology? His 2019 opinion that federal courts should stay out of partisan state gerrymandering battles was denounced at the time… Continue reading

“National Democratic leaders draft proposal to reshape presidential calendar, threatening Iowa caucuses”

March 11, 2022, 8:13 amUncategorizedRichard Pildes

The Des Moines Register is on top of this story: National Democratic leaders have drafted a proposal that could significantly reshape the party’s presidential nominating process and put an end to Iowa’s prized first-in-the-nation caucuses — a tradition that has… Continue reading

“Beware the Never-Ending Disinformation Emergency”

March 11, 2022, 8:06 amcheap speech, election subversion riskRick Hasen

Gilad Edelman for Wired: For that matter, why should YouTube police election fraud claims at all, long after the election is over?Social media companies are private entities that aren’t bound by the First Amendment. But their power over communication is… Continue reading

“Attorney asks Oklahoma Supreme Court to halt special election to replace Inhofe”

March 11, 2022, 7:02 amelection administrationDerek Muller

Last month, I wondered whether the Seventeenth Amendment allowed Oklahoma to hold a special election for the future vacancy of Senator Jim Inhofe. Now, details of a lawsuit from the Tulsa World: One of Oklahoma’s best-known attorneys is asking… Continue reading

Watch Archived Video of National Constitution Center Event, “Elections, Speech, and Political Disinformation”

March 11, 2022, 6:56 amcheap speechRick Hasen

National Constitution Center: What are the leading proposals to combat election disinformation and are they consistent with the First Amendment? Richard L. Hasen, leading election law expert and author of Cheap Speech: How Disinformation Poisons Our Politics—and How to… Continue reading

“Judge blocks GOP-backed redistricting lawsuit for 2022 election”

March 11, 2022, 3:59 amUncategorizedRichard Pildes

From The Nevada Independent: Republican-backed efforts to challenge Nevada’s electoral maps in court on the heels of redistricting are likely on ice for the 2022 election cycle. A decision by Senior District Judge Robert Estes during a virtual hearing Wednesday… Continue reading

“2020 Was a Banner Year for U.S. Election Administration; MIT’s Election Performance Index shows improvement across the board.”

March 10, 2022, 3:46 pmelection administrationRick Hasen

EPI: Despite widespread claims that the 2020 election was fraudulent or poorly managed, election administration did not just persevere under unexpected and challenging conditions—it improved.The 2020 election was an anomaly in many ways, but the Election Performance Index (EPI) shows… Continue reading

“Mailed ballots boosted 2020’s turnout — will they work in 2022?”

March 10, 2022, 3:38 pmUncategorizedRichard Pildes

Steve Rosenfeld at The Fulcrum reports on a forthcoming paper on turnout and mail-in voting: States that mailed a ballot to every registered voter in 2020’s presidential election saw voter turnout increase by an average of 5.6 percent, and turnout… Continue reading

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