“Several election deniers backed by Trump prevail in hotly contested primaries”

August 3, 2022, 7:02 amelection subversion risk, fraudulent fraud squadRick Hasen

WaPo: Several election deniers backed by former president Donald Trump prevailed in closely-watched primaries held Tuesday, as a nationwide battle over the future of the GOP played out in state and federal races across five states.In Michigan, Rep. Peter… Continue reading

A Brief Response to the Tribe et. al. Op-ed on the Electoral Count Act Reform Bill

August 2, 2022, 6:03 pmUncategorizedRichard Pildes

This is a joint post with Ned Foley: Along with a bipartisan group of election-law experts, we endorsed the bipartisan Senate draft Electoral Count Act Reform bill as a “vast improvement” over the status quo. None of the suggestions… Continue reading

“Arizona Officials Warned Fake Electors Plan Could ‘Appear Treasonous'”

August 2, 2022, 2:43 pmelection subversion riskRick Hasen

NYT: Two Arizona Republicans recruited by allies of former President Donald J. Trump to join an effort to keep him in office after he lost the 2020 election grew so concerned about the plan that they told lawyers working… Continue reading

The Different Potential Versions of Any “Independent State Legislature Doctrine”

August 2, 2022, 12:14 pmUncategorizedRichard Pildes

In my testimony on the independent state legislature theory (ISLT) to the House Administration Committee, I identified seven different potential versions of such a doctrine, should the Court endorse it at all. That highlights the fact that the question is… Continue reading

“Pennsylvania’s Supreme Court just upheld the state’s mail voting law”

August 2, 2022, 11:42 amUncategorizedRick Hasen

Jonathan Lai for the Philly Inquirer: Pennsylvania’s mail-voting law is constitutional, the state Supreme Court ruled Tuesday,upholding the 2019 measure that allows any voter to use mail ballots and removing a cloud of uncertainty heading into the midterm elections.The law,… Continue reading

“The Electoral Count Act must be fixed. A new proposal doesn’t go far enough.”

August 2, 2022, 11:18 amelection subversion risk, electoral collegeRick Hasen

Larry Tribe, Erwin Chemerinsky, and Dennis Aftergut in WaPo opinion: The law governing the counting of electoral votes in presidential elections is in desperate need of strengthening. But the changes now being considered in the Senate don’t go far enough.President… Continue reading

“Memo shows Wis. GOP lawyer privately opposed decertifying Biden’s 2020 win”

August 2, 2022, 7:26 amchicaneryRick Hasen

WaPo: It was an extraordinary public statement from a former state Supreme Court justice hired by Republican lawmakers to probe the 2020 election: Wisconsin should take a “hard look” at canceling Joe Biden’s victory and revoking the state’s 10… Continue reading

“The Republicans Who Want Election Laws to ‘Stay Broken’”

August 2, 2022, 7:24 amfederal election commissionRick Hasen

Daily Beast: For years, critics have argued the Federal Election Commission has been effectively broken. Now MAGA-land is going to court to make sure it stays that way.The FEC is charged with civil enforcement of campaign finance laws, but in… Continue reading

“RNC links up with ‘Stop the Steal’ advocates to train poll workers”

August 2, 2022, 7:18 amUncategorizedRick Hasen

Politico: The Republican National Committee has been relying on a stable of the party’s most prolific spreaders of false stolen-election theories to pilot a sweeping “election integrity” operation to recruit and coach thousands of poll workers in eight battleground… Continue reading

Request for Submissions: AALS Section on Election Law, Works in Progress Panel, “New Voices in Election Law”

August 2, 2022, 6:30 amUncategorizedDerek Muller

From an email I recently sent to the AALS Section on Election Law listserv: As Chair of the Section on Election Law, it’s my privilege to share that in addition to our annual program (which will take place Friday, January… Continue reading

“Misleading text urges ‘yes’ vote in Kansas to ‘give women a choice.’ Source is unknown”

August 1, 2022, 8:41 pmUncategorizedRick Hasen

KC Star: An anonymous group is sending a misleading text to Kansas voters telling them to “vote yes” in order to protect choice. “Women in KS are losing their choice on reproductive rights. Voting YES on the amendment will give… Continue reading

“Wisconsin DOJ probes voter fraud stunt as election officials debate absentee rules”

August 1, 2022, 8:30 pmUncategorizedRick Hasen

Patrick Marley for WaPo: With a few clicks of a mouse this week, a conservative activist sent Wisconsin’s elections apparatus into disarray ahead of the Aug. 9 primary.Harry Wait of Dover, Wis., said he requested absentee ballots in the … Continue reading

“Arizona official refutes review that counted 282 dead voters”

August 1, 2022, 8:27 pmfraudulent fraud squadRick Hasen

AP: Arizona Attorney General Mark Brnovich said Monday his investigators found just one dead voter after thoroughly reviewing findings from a partisan review of the 2020 election that alleged 282 ballots were cast in the name of someone who had… Continue reading

Some Thoughts on the Connection Between the “Independent State Legislature Theory” and the Risks of State Legislatures Overturning the Will of the Voters in Presidential Elections

August 1, 2022, 3:52 pmUncategorizedRick Hasen

See my tweet thread starting here: I've been meaning to comment for a while on @derektmuller's claims that journalists are not only getting it wrong in understanding the risks of the independent state legislature doctrine (at issue in… Continue reading