Federal Court Rejects Super Late Attempt to Get Cornel West on PA Ballot; I’d Say to Think Laches, Not Purcell

October 10, 2024, 8:35 pmUncategorizedRick Hasen

As ELB readers know, I’m generally skeptical that timing should be the primary thing that courts consider when voting rights are at stake. I think the Purcell Principle has been elevated improperly above the normal four-part consideration of issues related… Continue reading

New episode of “Law and Democracy” podcast

October 10, 2024, 8:06 pmUncategorizedNed Foley

Discussing the legal issues that arise because of disruptions to the election cause by the horrific damage of Hurricane Helene. (The conversation was recorded before Milton made landfall.)

“Congress’s Power Over the Electoral Count”

October 10, 2024, 1:09 pmelection subversion risk, electoral collegeRick Hasen

This looks to be an important draft from Larry Schwartztol. Here is the abstract: Does Congress have authority to pass legislation regulating the counting of electoral votes? This is a consequential question for the legal framework governing presidential elections. In… Continue reading

Watch Archived Video of Safeguarding Democracy Project Conversation with Lisa Manheim and Derek Muller: “Finding Common Ground in Election Law”

October 10, 2024, 1:09 pmThe Voting WarsRick Hasen

This was a great conversation with Derek and Lisa, the Reporters on ALI’s new project on election litigation. Watch here:

“A Major Wrong on a Private Right of Action Under the Voting Rights Act”

October 10, 2024, 1:08 pmVoting Rights ActRick Hasen

Josh Douglas and Macin Graber have posted this draft on SSRN (Washington and Lee Law Review). Here is the abstract: In Brnovich v. Democratic National Committee, Justice Neil Gorsuch posited in a short concurrence that Section 2 of the Voting Rights Act… Continue reading

“Far-right conspiracy site Gateway Pundit settles 2020 defamation lawsuit brought by Georgia election workers”

October 10, 2024, 1:08 pmcheap speech, chicaneryRick Hasen

Marshall Cohen for CNN: Gateway Pundit, the far-right conspiracy site, has settled a defamation lawsuit from two Georgia election workers who were falsely accused of rigging the 2020 results. Details of the settlement were not made public. But the parties… Continue reading

Watch Archived Video of Our Hammer/SDP Forum: “The United States Electoral College and Fair Elections” (Fishkin, Hollis-Brusky, Muller)

October 10, 2024, 11:02 amelectoral collegeRick Hasen

We had a great discussion the other night at the Hammer Museum, consponsored by the Safeguarding Democracy Project, featuring Joey Fishkin, Amanda Hollis-Brusky, and Derek Muller (I moderated.) Watch here.

My Conversation with Warren Olney: “What are the Chances of a Peaceful Transition of Power?”

October 10, 2024, 10:55 amelection administration, election subversion riskRick Hasen

This was a great conversation for “America at a Crossroads.” Watch:

“‘It’s Just a Really Bad Idea’; Georgia Election Officials Are Reeling Over New Voting Rules”

October 10, 2024, 10:52 amchicanery, election administrationRick Hasen

Notus: After Georgia’s election board passed new voting rules over the summer, local officials have been rushing to implement the regulations before an election that is just 26 days away. So far, it’s not going great. “We actually, just… Continue reading

“Why the Supreme Court May Not Decide the 2024 Election After All”

October 10, 2024, 8:39 amSupreme Court, The Voting WarsRick Hasen

I have written this piece for Slate. It begins: Some have speculated that the Supreme Court has kept its fall schedule light in case it decides to take up litigation that could affect the outcome of the 2024 presidential… Continue reading

“HLS, HKS Professors Launch New Tool To Assess Local Public Opinion”

October 10, 2024, 7:36 amUncategorizedNicholas Stephanopoulos

This Harvard Crimson story discusses the new TrueViews site that aims to improve representation by providing elected officials with more information about their constituents’ policy views. Professors from Harvard and George Washington University launched a data visualization tool early last… Continue reading

“Republicans challenge legitimacy of overseas votes, including military”

October 10, 2024, 7:27 amUncategorizedRick Hasen

WaPo: Republican congressmen from Pennsylvania have filed a federal lawsuit seeking stricter scrutiny of votes cast by U.S. citizens living abroad, reflecting a new GOP strategy to challenge the eligibility of a group of voters that includes overseas military… Continue reading

“Why the Supreme Court Might Cast the Final Vote for President”

October 10, 2024, 7:16 amSupreme CourtRick Hasen

Aziz Huq for Politico: Three paths already exist for the Supreme Court if it wants to reshape the 2024 outcome. The first path lies through a challenge to a state court’s ruling on state election law. The Supreme Court ordinarily… Continue reading

“Judge tosses a New York law that moved many local elections to even-numbered years”

October 10, 2024, 7:06 amUncategorizedRick Hasen

AP: A law moving many town and county elections in New York to even-numbered years to align them with state and federal races was struck down by a state judge, providing a win to Republicans who claimed it was… Continue reading