6th Edition of “The Law of Democracy” Now Available

July 12, 2022, 5:44 amUncategorizedRichard Pildes

Foundation Press Release with description of changes in this edition below: This edition represents a significant revision that reflects the embattled state of democracy in the U.S. and abroad. With the addition of Franita Tolson as well as Nathaniel Persily… Continue reading

Preview of Today’s January 6 Hearing on Right-Wing Extremist Groups

July 12, 2022, 4:34 amelection subversion riskDan Tokaji

From CNN: The January 6 committee plans to show at its hearing Tuesday how right-wing extremist groups including the Proud Boys and Oath Keepers prepared to attack the US Capitol in the days leading up to January 6, 2021… Continue reading

“Election Officials Confront Cyber Threats, False Claims Ahead of Midterms”

July 12, 2022, 4:26 amelection administration, voting technologyDan Tokaji

WSJ has this important story on the unprecedented threats and challenges that election officials are facing. It begins: “Election officials on the front lines of defending voting systems say they are preparing for a range of challenges ahead of the … Continue reading

“Michigan activists push for ballot initiative to expand voting access”

July 12, 2022, 4:19 amabsentee ballots, voter idDan Tokaji

WaPo: “Voting rights proponents in Michigan submitted petitions Monday to guarantee at least nine days of early voting, expand the use of ballot drop boxes and ensure that people who forget to bring their ID to the polls can… Continue reading

“Massachusetts’ highest court upholds new mail-in voting law”

July 11, 2022, 4:46 pmabsentee ballotsDan Tokaji

AP: “An effort led by Massachusetts Republicans to block election officials from putting into effect the state’s new mail-in and early voting law was denied Monday by the state Supreme Judicial Court.”

“Hutchinson Testimony Jolts Justice Dept. to Discuss Trump’s Conduct More Openly”

July 11, 2022, 4:37 pmUncategorizedDan Tokaji

NYT: A small team of prosecutors in the U.S. attorney’s office in Washington has ramped up its investigation into a scheme to install fake state electors, spearheaded by lawyers who were in frequent contact with Mr. Trump. And… Continue reading

“Judge rejects Bannon’s bid to delay trial, executive privilege claim”

July 11, 2022, 4:33 pmelection subversion risk, legislation and legislaturesDan Tokaji

WaPo: “A federal judge on Monday refused to delay Stephen K. Bannon’s trial next week after the Justice Department called an offer by the former Trump aide to testify before the House committee investigating the Jan. 6, 2021, insurrection… Continue reading

GAO Report on 2020 Elections

July 11, 2022, 4:27 pmabsentee ballots, Election Assistance CommissionDan Tokaji

From GAO’s summary of the report, entitled “2020 Elections: State and Local Perspectives on Election Administration during the COVID-19 Pandemic”: GAO surveyed state election offices and local election jurisdictions about steps they took to prepare for and conduct the… Continue reading

“Senator Warren, Rep. Williams to Introduce Bill to Expand Youth Access to Voting”

July 11, 2022, 4:18 pmUncategorized, voter registrationDan Tokaji

You can find a media release and summary here.

The Free 2022 Supplement to Lowenstein, Hasen, Tokaji, and Stephanopoulos, Election Law–Cases and Materials (7th Edition) is Now Available

July 11, 2022, 10:11 ampedagogyRick Hasen

You can download the free Supplement here. The Supplement is current through the Supreme Court’s October 2021 term ending June 30, 2022, and includes excerpts from the district court’s recent decision in Eastman v. Thompson, involving potential criminal charges… Continue reading

“Election Deniers Got Nearly $2 Million in May From Corporate PACs”

July 11, 2022, 9:03 amcampaign finance, election subversion riskDan Tokaji

Bloomberg on a report from Accountable.US: “Some of the US’s largest corporations and their trade associations in May poured $1.9 million into the campaign coffers of Republicans who voted against certifying Joe Biden’s 2020 victory over Donald Trump, according… Continue reading

“Strongest Evidence of Guilt: Chart Tracking Trump’s Knowledge and Intent in Efforts to Overturn the Election”

July 11, 2022, 8:59 amelection subversion riskDan Tokaji

From Just Security, a chart that “presents key factual findings – concerning evidence of Trump’s knowledge and beliefs when trying to overturn the election – based primarily on the [House Jan. 6] Committee’s work to date.”

The Independent State Legislature Doctrine and Election Subversion: Avoiding Misunderstanding

July 11, 2022, 8:58 amUncategorizedNed Foley

Dan linked to Jessica Levinson’s MSNBC’s opinion piece with the unfortunate title How the Supreme Court could make it legal to steal the next presidential election. While there is ample and justified reason to be concerned about how SCOTUS will… Continue reading

“She won a local election in a landslide. A conservative activist launched a recount anyway”

July 11, 2022, 8:55 amelection administration, recounts, UncategorizedDan Tokaji

From the LA Times, yet another example of the difficulties that come with serving as an election official these days: Last month, Natalie Adona won her race to become the clerk-recorder and registrar of voters in rural Nevada County… Continue reading