“Arizona labeled longtime residents as citizens without proof for years, leading to voter roll errors”

October 6, 2024, 12:43 pmUncategorizedRick Hasen

Votebeat: Arizona election officials who suddenly discovered that they hadn’t obtained proof of citizenship from nearly 100,000 registered voters were relieved last month when the Arizona Supreme Court ruled that they wouldn’t be required to ask for it before the… Continue reading

Impolitic Podcast: “24 American Election: Legal Fact vs. Fiction”

October 6, 2024, 12:39 pmUncategorizedRick Hasen

I was happy to be a guest for this great discussion.

“State attorney general wants L.A. to redraw council districts, confidential document says”

October 6, 2024, 12:33 pmUncategorizedRick Hasen

LAT: California Atty. Gen. Rob Bonta has begun pressing Los Angeles political leaders to sign a legal agreement that would force them to draw new boundaries for the city’s 15 council districts — a dramatic step that could set off… Continue reading

Pennsylvania Supreme Court Will Not Hear Challenges Before Election on Undated/Misdated But Timely Mail in Ballots; Will Not Hear RNC Suit on Curing; Will Hear RNC Case on Due Process Case on Voter Notification to Cure Ballot Defect

October 5, 2024, 4:20 pmUncategorizedRick Hasen

A flurry of activity today, on a Saturday, from the Pennsylvania Supreme Court. Perhaps the most important statement is this one coming from the Court per curiam opinion in the undated/misdated timely ballots case: “This Court will neither impose… Continue reading

“Aligning Election Law”

October 4, 2024, 7:55 amUncategorizedNicholas Stephanopoulos

Yesterday was publication day for my new book, Aligning Election Law. The book builds on several earlier articles of mine, and argues that promoting alignment between governmental outputs and popular preferences should be an overarching goal for election law.… Continue reading

The Return of the Independent State Legislature Issue to the Court?

October 3, 2024, 8:22 amUncategorizedRichard Pildes

A case out of Montana is going to provide the next test of where the Court stands on the independent state legislature doctrine (ISL). In Moore v. Harper (2023), the Court rejected a more extreme version of the doctrine, but… Continue reading

My New One at Slate: “Jack Smith’s Big New Jan. 6 Brief Is a Major Indictment of the Supreme Court”

October 2, 2024, 2:48 pmelection subversion risk, Supreme CourtRick Hasen

I have written this piece for Slate. It begins: It’s rare to simultaneously feel red hot anger and wistfulness, especially when merely reading a document. But that’s exactly the emotions that washed over me when I read the redacted version… Continue reading

Breaking: Federal District Court Issues Preliminary Injunction Barring Enforcement of California Law Against Election-Related Deepfakes

October 2, 2024, 2:24 pmcheap speechRick Hasen

You can read the 21-page opinion at this link. The key point from the judge is the view that counterspeech is a more narrowly tailored alternative to the regulation of political speech. I agree with the lower court that California’s… Continue reading

“Court says betting on U.S. congressional elections can resume, for now”

October 2, 2024, 12:27 pmUncategorizedRick Hasen

AP: Betting on the outcome of U.S. Congressional elections can resume, at least temporarily, a federal appeals court ruled Wednesday. The U.S. Court of Appeals for the District of Columbia Circuit dissolved an order it had previously issued that prevented… Continue reading

“Georgia Republicans sow doubt about Dominion voting machines in 2020 throwback”

October 2, 2024, 12:04 pmchicanery, election administration, voting technologyRick Hasen

CNN: Just weeks before early voting begins in Georgia, Republican Party officials and Donald Trump allies are trying to preemptively sow doubt about the viability of Dominion systems used across the key swing state, arguing in court that the machines… Continue reading

“Colorado Supreme Court committee advances election-related change”

October 2, 2024, 7:08 amelectoral collegeDerek Muller

In the immediate aftermath of passage of the Electoral Count Reform Act, I noted that state legislatures should look to update their laws surrounding the timing of elections and litigation disputes. And last year, I highlighted some states that have … Continue reading

“Vance refuses to admit that Trump lost the 2020 election”

October 2, 2024, 7:01 amelection subversion riskRick Hasen

Politico: JD Vance declined to say that Donald Trump lost the 2020 election, drawing a sharp rebuttal from Tim Walz, who called his response a “damning non-answer.” “When this is over, we need to shake hands, and the winner needs… Continue reading

“How the US Supreme Court could get involved in the 2024 presidential election”

October 2, 2024, 6:50 amSupreme Court, UncategorizedRick Hasen

ABC News: The U.S. Supreme Court, faced with sagging public confidence and a deepening perception its decisions are politically-motivated, could soon play a critical role in how some 2024 presidential ballots are cast and counted and, potentially, how contested election… Continue reading

“Georgia judge signals a need to clarify ‘vague’ new election certification rule” (Republicans Push “Purcell Principle” Even Though We are in State Court)

October 1, 2024, 3:24 pmUncategorizedRick Hasen

CNN: A Georgia judge signaled Tuesday that he sees a need to bring clarity to the meaning of a “vague” new election certification rule approved by Donald Trump allies that critics say will inject chaos into the battleground state… Continue reading