The “most important architect” of Trump’s Bogus Electoral College Objections Poised to Be Next Speaker of the House, and Republicans Don’t Want to Talk About It

October 25, 2023, 7:22 amelection subversion riskRick Hasen

From this Oct. 2022 NYT article, “They Legitimized the Risk of a Stolen Election–and Reaped the Rewards:” he most far-reaching of Mr. Trump’s ploys to overturn his defeat, the objections to the Electoral College results by so many House… Continue reading

The Uncertainty of “Contingent Election” Procedures

October 24, 2023, 7:14 pmUncategorizedNed Foley

Rick linked earlier today to a new analysis of the risk that a No Labels presidential ticket could cause no candidate to win a majority of electoral votes, triggering the Twelfth Amendment’s antiquated “contingent election” procedure (last used in 1824).… Continue reading

“The Supreme Court Summons the Ghosts of Bush v. Gore: How Moore v. Harper Haunts State and Federal Constitutional Interpretation of Election Laws”

October 24, 2023, 4:58 pmlegislation and legislatures, Supreme CourtRick Hasen

Scott Kafker and Simon Jacobs have posted this draft on SSRN (forthcoming, Wake Forest Law Review). Here is the abstract: There is a dangerous lack of clarity in the Supreme Court’s recent decision in Moore v. Harper, which held that… Continue reading

“Ex-Chief of Staff Mark Meadows granted immunity, tells special counsel he warned Trump about 2020 claims: Sources”

October 24, 2023, 2:16 pmchicaneryRick Hasen

ABC News: Former President Donald Trump’s final chief of staff in the White House, Mark Meadows, has spoken with special counsel Jack Smith’s team at least three times this year, including once before a federal grand jury, which came only… Continue reading

Why Are Republicans in Michigan Raising a Discredited Version of the Independent State Legislature Theory in New Litigation?

October 24, 2023, 11:23 amUncategorizedRick Hasen

Marc Elias has a theory: One possibility is simply bad legal strategy. Republicans and their attorneys regularly make litigation decisions that defy common sense and at least some of the attorneys in this case have a history of bringing meritless… Continue reading

“Combating Misinformation Through Electoral Reform”

October 24, 2023, 9:28 amUncategorizedRick Hasen

New from R Street: In the past several years, various states across the country have experienced delays in reporting their election results. These delays have been especially scrutinized in slow-counting jurisdictions when the window of time between the polls closing… Continue reading

“The No Labels Party’s Radical New Plan to Force a Contingent Election”

October 24, 2023, 7:25 amballot access, political partiesRick Hasen

Third Way memo (via Playbook): Since they launched their third-party presidential effort last year, the No Labels Party has repeated a central refrain: “our bipartisan ticket, led either by a Democrat or a Republican, will not be a spoiler—we are… Continue reading

Trump Bizarrely Tells Rallygoers: “Don’t Worry About Voting. We’ve Got Plenty of Votes”

October 24, 2023, 7:21 amUncategorizedRick Hasen

Strange comments.

“With another election cycle underway, officials aim to quell fears of voter fraud, rigging”

October 24, 2023, 7:20 amUncategorizedRick Hasen

USA Today: Ahead of another election cycle that is already shaping up to be contentious, federal and state election officials are in the midst of campaigns of their own to convince wary voters about the integrity of casting their ballots.… Continue reading

Jenna Ellis Pleads Guilty in Georgia to 2020 Attempted Election Subversion

October 24, 2023, 7:17 amfraudulent fraud squadRick Hasen

Atlanta Journal-Constitution: Attorney Jenna Ellis on Tuesday became the fourth defendant in the Fulton County election interference case to strike a deal with prosecutors. In exchange for her cooperation, Ellis pleaded guilty to one count of aiding and abetting… Continue reading

“Trump’s lawyers argue DC fed’l charges unconstitutional, should be tossed”

October 24, 2023, 7:13 amcheap speechRick Hasen

Chris Geidner at Law Dork: In a late-night filing Monday, Donald Trump’s lawyers argued that the special counsel’s D.C. federal case against Trump should be dismissed on multiple constitutional grounds. The motion primarily relies upon an argument that there can… Continue reading

DOJ is Looking for a Chief for Its Voting Section

October 24, 2023, 7:08 amDepartment of JusticeRick Hasen

Job announcement.

10th Circuit upholds Wyoming’s electioneering ban within 300 feet of Election Day polling places, but remands to evaluate 45-day ban within 100 feet of absentee polling places

October 23, 2023, 8:44 amcampaigns, election law and constitutional lawDerek Muller

The decision in Frank v. Wyoming Secretary of State is here. The 10th Circuit sent the case back to the district court to factor in the 45-day temporal constraint in addition to the geographic constraint.

“Concerns about Jordan’s election denialism flare during failed bid for speaker”

October 23, 2023, 7:47 amelection subversion riskRick Hasen

WaPo: As Rep. Jim Jordan (R-Ohio) waged his battle to become House speaker, some House Republicans were uncomfortable with the possibility of having an election denier occupying the most powerful legislative seat in the U.S. government heading into a presidential… Continue reading

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