“Who’s Bankrolling Election Deniers?”

October 6, 2022, 11:09 amelection subversion risk, Uncategorized2022 Election Cycle, The Big LieFranita Tolson

Issue One has a new report out that shows that election-denying secretary of state candidates have collectively raised more than $12 million for their campaigns this election cycle — including more than $5.8 million raised by election deniers who prevailed in… Continue reading

“The Supreme Court Might Be on the Brink of Making Corruption Easier – Again”

October 6, 2022, 11:01 amUncategorizedcorruption, elections, Supreme CourtFranita Tolson

Important article by Michael Linhorst in The New Republic on Percoco v. United States, a political bribery case that the Supreme Court will hear this term. While the other election law cases on the docket have monopolized much of the… Continue reading

“Political spam is out of control. Now Gmail is about to make it worse.”

October 6, 2022, 10:29 amcampaigns, UncategorizedFranita Tolson

Read the article, courtesy of The Washington Post.

I’ll Be Interviewing Dahlia Lithwick About Her New Book, Lady Justice, October 12 at 5 pm PT (Online, Free Registration Required)

October 6, 2022, 7:01 amUncategorizedRick Hasen

Join us!

Top Recent Downloads in Election Law on SSRN

October 5, 2022, 10:11 pmUncategorizedRick Hasen

Here: RankPaperDownloads1.Countering the New Election Subversion: The Democracy Principle and the Role of State Courts Jessica Bulman-Pozen and Miriam SeifterColumbia University – Law School and University of Wisconsin Law SchoolDate Posted: 01 Aug 2022Last Revised: 01 Aug… Continue reading

“Talk of ‘Civil War,’ Ignited by Mar-a-Lago Search, Is Flaring Online”

October 5, 2022, 10:18 amelection subversion risk2022 Election CycleFranita Tolson

According to this article in The New York Times, in the hours after the FBI seized documents from Mar-a-Lago, social media saw a marked increase in posts that mentioned “civil war,” a trend that has only escalated in recent weeks.… Continue reading

“Election Deniers in U.S. Push Idea That Brazil’s Voting Was Tainted”

October 5, 2022, 9:59 amelection subversion risk, UncategorizedFranita Tolson

The New York Times has the story here.

“The Ongoing Electoral Efforts to up the Anti-Democratic Ante”

October 5, 2022, 9:22 amelection administration, election subversion risk, UncategorizedFranita Tolson

Important New Yorker article on the difficulties that election administrators face going into the midterm elections. Election administration has been a challenge because of newly enacted voting restrictions enacted by Republican-led legislatures and, importantly, the enforcement of some of those… Continue reading

A Concise Analysis of Oral Argument in the AL Voting Rights Act Case

October 4, 2022, 9:54 amUncategorizedRichard Pildes

The argument traversed a wide range of detail and touched on many important issues. The Court did not seem interested in the most sweeping challenges to the VRA that Alabama’s brief put forward. At the end of the day, I… Continue reading

Oral Argument Analysis of Merrill v. Milligan: Alabama Won’t Get All It Wants in Voting Rights Redistricting Case, But It May Well Get Enough

October 4, 2022, 9:12 amSupreme Court, Voting Rights ActRick Hasen

I listened to this morning’s argument in Merrill v. Milligan, and live-tweeted it here. My sense is that Alabama is not likely to get the Court to adopt its radical approach to rewrite Section 2 of the Voting Rights… Continue reading

Stanford/UCLA October 14 Event: “Should Donald Trump Be Returned to Social Media?” (Free Webcast)

October 4, 2022, 7:33 amcheap speech, election subversion riskRick Hasen

Very excited about this event: The Program on Democracy and the Internet (PDI) at Stanford University and UCLA Law’s Safeguarding Democracy Project will host a half-day streamed conference, “Should Donald Trump Be Returned to Social Media?” Leading scholars in the… Continue reading

Ned Foley discusses the history of election denials and disputes on the “History Behind News” Podcast.

October 3, 2022, 9:43 pmUncategorizedFranita Tolson

The conversation, with host Adel Aali, is available on Apple, Spotify, Google, or at this link.

“There is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory”

October 3, 2022, 2:44 pmlegislation and legislatures, Supreme Court, theory, UncategorizedFranita Tolson

Must read article by Judge Luttig in The Atlantic on the independent state legislature theory. Judge Luttig argues that there is nothing in the text or structure of the Constitution that insulates the decisions of state legislatures, regarding the times,… Continue reading

Supreme Court declines to hear Pennsylvania Redistricting Case raising ISL theory

October 3, 2022, 11:42 amredistricting, Supreme Court, UncategorizedFranita Tolson

The U.S. Supreme Court has declined to hear Costello v. Carter, which involved a challenge to Pennsylvania’s court approved congressional map. The Pennsylvania Supreme Court adopted the map after a deadlock between the Republican legislature and the Democratic governor. Notably,… Continue reading