Montana Supreme Court EDR Decision

September 22, 2022, 7:47 amUncategorizedNicholas Stephanopoulos

In a case being litigated by Harvard Law School’s Election Law Clinic, the ACLU, the ACLU of Montana, and the Native American Rights Fund, the Montana Supreme Court affirmed preliminary injunctions against (1) the elimination of election day registration and… Continue reading

“Four Ballot Measures Threaten to Undercut Direct Democracy in Arizona and Arkansas”

September 21, 2022, 3:01 pmUncategorizedRick Hasen

Bolts Mag.

Nine Republicans Join House Democrats in Passing Cheney-Lofgren Bill to Change the Electoral Count Act to Limit the Risk of Election Subverion

September 21, 2022, 2:17 pmUncategorizedRick Hasen

CNN: 229-203. The House passes the Presidential Electoral Reform Act which, among other provisions, would raise the numbers of objectors to a state’s electoral count from one member in each chamber to 1/3 of members in each chamber. Just… Continue reading

The “Independent” State Legislature in Republican Theory

September 21, 2022, 11:17 amUncategorizedFranita Tolson

I have taken the unorthodox step (for me, anyway) of posting an early draft of an essay that I am working on. My take on the independent state legislature theory, forthcoming in a special symposium issue of the Texas A&M… Continue reading

“CNN Exclusive: DHS rejects plan to protect election officials from harassment as midterms loom”

September 21, 2022, 11:02 amchicaneryRick Hasen

CNN: The Department of Homeland Security’s cybersecurity agency this summer turned down a multimillion-dollar proposal to protect election officials from harassment ahead of the midterm elections, multiple people familiar with the matter told CNN.The plan’s rejection comes as some… Continue reading

Genevieve Lakier Takes Apart First Amendment Analysis in 5th Circuit’s Ruling that Would Require Social Media Companies to Replatform Donald Trump

September 21, 2022, 7:56 amcheap speechRick Hasen

Thread starts here: https://twitter.com/glakier/status/1572223690863149058

“‘Dark money erodes public trust,’ Biden says as he pushes disclosure legislation”

September 21, 2022, 7:53 amcampaign financeRick Hasen

President Biden pushes the DISCLOSE Act.

“Dozens of Trump’s phony electors, many under investigation, still hold powerful GOP jobs in key states”

September 21, 2022, 7:51 amUncategorizedRick Hasen

NBC News reports.

Judge Luttig Likes the Cheney-Lofgren Bill to Change the Electoral Count Act, Urges House and Senate to Compromise to Pass an anti Election Subversion Bill

September 21, 2022, 7:48 amelection subversion risk, electoral collegeRick Hasen

Thread begins here: This week, Congresswoman Liz Cheney @RepLizCheney and Congresswoman Zoe Lofgren @RepZoeLofgren introduced a bipartisan bill in the House to reform the Electoral Count Act of 1887. This bill represents a comprehensive and compelling Rule of Law… Continue reading

“House Dems’ latest pre-election push: Stopping another Jan. 6”

September 21, 2022, 7:45 amUncategorizedRick Hasen

Politico: House Democrats are rapidly pushing ahead on a new bill designed to prevent future election challenges. It carries the added benefit of helping them put Donald Trump back on the midterm ballot.Lawmakers are expected to vote as soon… Continue reading

Useful Politifact Comparison of the Senate and House Bills to Reform the Electoral Count Act

September 21, 2022, 7:39 amelection subversion risk, electoral collegeRick Hasen

The latest from Lou Jacobson.

“Alaska election results show why Condorcet is obsolete”

September 21, 2022, 7:37 amalternative voting systemsRick Hasen

Steven Hill writes.

“The ‘Cost’ of Voting in America: A Look at Where It’s Easiest and Hardest”

September 20, 2022, 4:19 pmUncategorizedRick Hasen

NYT: Voters in New Hampshire and Mississippi face the highest personal cost in the country in terms of the time and effort required to cast a ballot, according to a new academic study. Voters in Oregon and Washington have it… Continue reading

Lofgren-Cheney proposal to amend Electoral Count Act would create new federal cause of action over ballot tabulation

September 20, 2022, 1:56 pmelectoral collegeDerek Muller

There’s a lot to say about the Lofgren-Cheney proposal (the “Presidential Election Reform Act”) to amend the Electoral Count Act of 1887, released yesterday and potentially voted upon by the House tomorrow (a very compressed timeline for public conversation about… Continue reading

Election Law Blog

The law of politics and the politics of law