The Time of Choosing Clause and its constraint on more outlandish Electoral College scenarios

November 1, 2024, 10:51 amelectoral collegeDerek Muller

There have been some doomsday scenarios about activities state legislature might engage in after Election Day. A little context (and a long blog post!) may help explain why state legislatures are not free to do whatever they’d like, contrary to… Continue reading

“Federal judge allows proof of citizenship requirement for naturalized Ohioans challenged at polls”

November 1, 2024, 10:30 amelection administrationRick Hasen

Ohio Capital Journal: A federal district judge in Ohio has given the green light to a requirement that naturalized Ohio U.S. citizens show proof of citizenship to cast a ballot. In 2006, the same judge determined a statute requiring challenged… Continue reading

Democratic Party Files Brief in Pennsylvania Supreme Court, Asking It to Take RNC Petition and Summarily Affirm That All Undated/Misdated But Timely Ballots Should Be Counted in Upcoming Election (If Court Did This, It Could End Up at SCOTUS)

November 1, 2024, 8:42 amabsentee ballots, Supreme CourtRick Hasen

From the motion to intervene: This case presents a question of “substantial public importance.” 210 Pa. Code R. 1114(4). That question is whether the Pennsylvania Constitution’s Free and Equal Elections Clause, art. I, §5 (“Clause”), prohibits county boards of… Continue reading

Pildes: My NYT Essay On Tuesday’s Importance for Some of the Most Significant Political Reforms in Many Years on the Ballot in a Number of States

November 1, 2024, 8:21 amUncategorizedRichard Pildes

In case you want to think about something other than the presidential election, there are some of the most important political reform items in many years on the agenda this Tuesday in at least 8 states. I published this essay … Continue reading

“Trump and Vance Escalate Efforts to Sow Doubts on Pennsylvania Voting”//”Trump lagging in early vote with seniors in Pennsylvania, a red flag for GOP” (These Stories Are Related!)

November 1, 2024, 7:13 amelection subversion risk, fraudulent fraud squadRick Hasen

NYT: Former President Donald J. Trump and his running mate, Senator JD Vance of Ohio, escalated their false attacks about the security of the Pennsylvania elections on Thursday, ramping up baseless accusations about voter fraud that could erode confidence of… Continue reading

Steve Vladeck on the Supreme Court’s Unexplained Virginia Order Earlier This Week

November 1, 2024, 7:05 amSupreme CourtRick Hasen

Spot on: Did the majority find Virginia’s statutory arguments more persuasive than the Fourth Circuit (and the district court) had? Did it disagree with the Fourth Circuit’s refusal to apply Purcell? Did it believe that Virginia really was suffering “irreparable harm”… Continue reading

“Are Ballot Selfies Legal? That Depends on Where You Live.”

November 1, 2024, 7:02 amFirst Amendment theory, vote buyingRick Hasen

NYT reports.

“‘There’s no white knight coming’: Federal authorities will face limits responding to 2024 election lies”

November 1, 2024, 7:00 amDepartment of Justice, election subversion riskRick Hasen

NBC News: Four years ago, President Donald Trump used his bully pulpit to spread lies about the election, leading his supporters to act on their belief in mass voter fraud and eventually attack the U.S. Capitol. With days to… Continue reading

“‘All hell has broken loose’: Inside Elon Musk’s high-stakes pro-Trump door-knocking effort”

November 1, 2024, 6:56 amcampaignsRick Hasen

NBC News: Nine Republican operatives and canvassers connected to the Elon Musk-backed America PAC told NBC News that they’re worried the high-profile grassroots operation on behalf of Donald Trump’s presidential bid may hamper his chances in states decided by… Continue reading

“Civil Rights Groups File Emergency Lawsuit to Ensure Cobb County Absentee Voters Have Time to Cast Their Ballots”

November 1, 2024, 6:54 amUncategorizedRick Hasen

Release via email: The American Civil Liberties Union, ACLU of Georgia, and Southern Poverty Law Center filed an emergency lawsuit to safeguard the voting rights of Cobb County voters. Cobb County admitted that they had failed to mail out more… Continue reading

If the Election Comes Down to Wisconsin, Be Patient

November 1, 2024, 6:51 amUncategorizedRick Hasen

Milwaukee early votes likely will take until 2 or 3 am to count…. From my earlier Slate piece: Well, déjà vu may be on tap for a week from Tuesday. Pennsylvania and Wisconsin, alone among the swing states,… Continue reading

New York Times: “Election Falsehoods Take Off on YouTube as It Looks the Other Way”

November 1, 2024, 6:41 amcheap speech, election subversion risk, fraudulent fraud squadRick Hasen

NYT: In June 2023, YouTube decided to stop fighting the most persistent strain of election misinformation in the United States: the falsehood that President Biden stole the 2020 election from Donald J. Trump. Within months, the largest video platform became… Continue reading

“Georgia election officials debunk video of immigrants voting illegally”

November 1, 2024, 6:39 amcheap speech, fraudulent fraud squadRick Hasen

AJC: A video claiming a group of Haitians illegally voted for Vice President Kamala Harris in Georgia was likely the work of Russian troll farms working to sow doubts about the U.S. election, Republican Secretary of State Brad Raffensperger said… Continue reading

“The Count with David Becker”

November 1, 2024, 6:37 amUncategorizedRick Hasen

Check out the new 5-part limited podcast series with David.

Election Law Blog

The law of politics and the politics of law