My New Piece in The Atlantic: “The Courts Are the Only Thing Holding Back Total Election Subversion”

November 2, 2022, 7:13 amUncategorizedRick Hasen

I have written this piece for The Atlantic. It begins: The United States has failed its first important test for democracy since the 2020 election season: Election denialism has taken hold among a significant segment of Republican voters, and election… Continue reading

“Opinion: Election deniers aren’t the only threats to democracy this year”

November 2, 2022, 7:10 amUncategorizedRick Hasen

Josh Douglas CNN oped.

Breaking: Federal District Court Issues Order Against Voter Intimidation in Second Case Involving Intimidation of Voters at Arizona Drop Boxes

November 1, 2022, 7:26 pmchicaneryRick Hasen

Earlier I had written this piece for NBC News Think arguing that the district court judge should have issued an injunction to stop intimidation of voters who seek to use ballot drop boxes in places in Arizona. That case is… Continue reading

“N.Y. absentee ballot laws upheld in cases before Appellate Division”

November 1, 2022, 4:02 pmUncategorizedRick Hasen

Times Union: The state’s absentee balloting rules for the this year’s general election — and in future elections — were upheld in two legal cases argued before a panel of judges on the Appellate Division of state Supreme Court… Continue reading

[Equally Divided] “Pa. Supreme Court orders counties to set aside undated and wrongly dated mail ballots and not count them”

November 1, 2022, 2:24 pmabsentee ballotsRick Hasen

Philly Inquirer: Pennsylvania counties must segregate and not count mail ballots with missing or incorrect dates, the state Supreme Court said Tuesday, in a ruling that could affect thousands of votes in November’s midterm elections.“The Pennsylvania county boards of elections… Continue reading

“An Arizona court seems to think voter intimidation isn’t voter intimidation; Although balancing free speech rights with the right to vote can sometimes be difficult, it’s not a close call in this case.”

November 1, 2022, 12:53 pmchicaneryRick Hasen

I have written this piece for NBC News Think: The First Amendment’s free speech clause grants a lot of protection for false and odious speech. It also protects freedom of association. So if a group of people want to get… Continue reading

“Candidate promises Republicans can take permanent control of Wisconsin”

November 1, 2022, 12:16 pmelection subversion riskRick Hasen

WaPo: Hinting at his plans to overhaul how elections are run, the Republican running for governor of Wisconsin this week said his party would permanently control the state if he wins.“Republicans will never lose another election in Wisconsin after I’m… Continue reading

“Supreme Court Rules That Lindsey Graham Must Testify in Georgia Inquiry”

November 1, 2022, 12:11 pmUncategorizedRick Hasen

NYT: The Supreme Court on Tuesday refused to block a Georgia grand jury subpoena seeking testimony from Senator Lindsey Graham, Republican of South Carolina, about his activities in the aftermath of the 2020 presidential election.The court’s order was a paragraph… Continue reading

ELB Podcast Episode 4:3: Maggie Haberman: Trump, Trumpism, and the Threats to American Democracy

November 1, 2022, 11:49 amELB PodcastRick Hasen

New ELB Podcast: Does former president Donald Trump know—and does he care—that the statements he has made undermining the integrity of the 2020 electionrun the risk of undermining the core of American democracy?Is election denialism bigger than Trump’s hold over… Continue reading

“Prosecutors Look at Florida Election Protest as a Model for Jan. 6”

November 1, 2022, 11:47 amUncategorizedRick Hasen

NYT: President Donald J. Trump and other top Republicans were stoking claims that the election had been stolen, and their supporters were protesting in the streets. Members of the far-right group the Proud Boys and people close to Roger J.… Continue reading

How the parties handle adverse precedent in Moore v. Harper

November 1, 2022, 11:45 amElections Clause, legislation and legislaturesDerek Muller

There’s plenty of precedent for the parties to rely upon in Moore v. Harper. I wanted to see how each side handled one of the toughest cases on either side–and apart from a brief aside from the petitioners, the… Continue reading

Census data lawsuit

November 1, 2022, 10:52 amUncategorizedNicholas Stephanopoulos

Harvard Law School’s Election Law Clinic (together with Selendy Gay Elsberg PLLC) filed this lawsuit to compel the Census Bureau to disclose important data about the Bureau’s 2020 products. For the first time, the Bureau used a method known as… Continue reading

“Truth Social’s Influence Grows Despite Its Business Problems”

November 1, 2022, 6:58 amcheap speechRick Hasen

NYT reports.

“Ringleader of Trump-aligned election officials nears Nevada takeover”

November 1, 2022, 6:56 amelection subversion riskRick Hasen

Politico: A leading proponent of the false claim that the 2020 election was stolen is on the verge of becoming the chief elections official in Nevada — which would put him in charge of running the vote in the critical… Continue reading