The Electoral Count Reform Act Prohibits Congress From Rejecting a State’s Electoral Votes Based on Congress’ “View” about a State’s Voting Process

October 16, 2024, 5:39 amUncategorizedRichard Pildes

As we get closer to the election, a lot of misinformation about the all-important Electoral Count Reform Act (ECRA) is beginning to rear its head. This is the statute that defines Congress’ role when it receives and counts the electoral… Continue reading

“More Than 165 Lawsuits Are Already Shaping the 2024 US Presidential Election”

October 15, 2024, 4:42 pmelection administration, The Voting WarsRick Hasen

Very helpful and detailed analysis by Bloomberg of the shape of litigation today. My anecdotal sense so far is that while the volume is high, the substantive significance and chances of success of many of the late filed suits is… Continue reading

ELB 6:2 The United States Electoral College and Fair Elections (Fishkin, Hollis-Brusky, Muller)

October 15, 2024, 3:23 pmELB Podcast, electoral collegeRick Hasen

Welcome to Season 6, Episode 2 of the ELB Podcast: Why do we have the Electoral College and is its use justified today? Why do Democrats and Republicans think differently about the Electoral College? Does the Electoral College make it… Continue reading

D.C. Circuit Will Rehear En Banc the End Citizens United PAC Case Holding that Dismissals of FEC Complaints are Unreviewable Exercises of Prosecutorial Discretion

October 15, 2024, 3:04 pmcampaign financeRick Hasen

The controversial 2-1 decision is here. The en banc order wiping this out and setting it for briefing and oral argument is here. More background and documents from the FEC.

“Judge questions new Georgia hand-count rule. Why not hold off?”

October 15, 2024, 2:50 pmelection administrationRick Hasen

AJC: A judge voiced skepticism Tuesday of a last-minute requirement for a hand count of the number of ballots on election night, suggesting it might be better to ensure “nonchaotic, stable, predictable, fair and transparent” elections. Fulton County Superior Court… Continue reading

Justice Gorsuch’s Fishy Story

October 15, 2024, 1:00 pmchicanery, Supreme CourtRick Hasen

Quite the flaying (fileting?) from Anush Khardori of Politico Magazine: It does not take long — the first chapter — before Gorsuch misleads the reader in Over Ruled. He is discussing the case of John Yates, a commercial fisherman who… Continue reading

“Arizona lawyers keep distance from GOP’s ‘election integrity’ operation amid concern over Kari Lake’s fraud claims”

October 15, 2024, 12:56 pmelection law biz, fraudulent fraud squadRick Hasen

NBC News: Multiple Republican lawyers in Arizona say they and others who were involved in the party’s election litigation efforts in past cycles are keeping their distance this time around, in large part because of Senate candidate Kari Lake’s history… Continue reading

“Trump Leans On Creative Bookkeeping to Keep Up in Cash Race”

October 15, 2024, 12:54 pmcampaign financeRick Hasen

NYT: Donald J. Trump’s political operation has been taking extraordinary measures in a bid to stay financially competitive with Vice President Kamala Harris, deploying aggressive and creative accounting strategies that test the legal limits of how far a candidate can… Continue reading

Arizona Supreme Court approves rules for “priority adjudication of post-general election judicial proceedings”

October 15, 2024, 11:37 amcourt decisionsDerek Muller

On the heels of the proposed rules in Colorado and the rules in Pennsylvania, here are new rules in Arizona to expedite election disputes. These rules continue to show that state courts are taking the deadlines of the Electoral… Continue reading

Fifth Circuit Panel, Citing Purcell, Stays District Court Order Against Enforcing Texas S.B. 1 Provision Against “interaction with one or more voters, in the physical presence of an official ballot or a ballot voted by mail, intended to deliver votes for a specific candidate or measure.”

October 15, 2024, 8:59 amUncategorizedRick Hasen

You can find Judge Ho’s opinion, and Judge Ramirez’s concurrence, at this link. Although the law is titled as against “vote harvesting” it seems a pretty clear violation of the First Amendment. The fact that the court relied on… Continue reading

“How Trump allies stoked election chaos in Detroit in 2020 — and what they’re planning in 2024”

October 15, 2024, 8:05 amchicanery, election subversion risk, fraudulent fraud squadRick Hasen

Ryan Reilly and Jane Timm deep dive for NBC: How this will play out on Election Day is unknown. But an NBC News investigation can now report the extent of the Republican Party and Trump campaign’s involvement in the TCF… Continue reading

“Election certification in Georgia is mandatory, judge says”

October 15, 2024, 7:44 amchicanery, election administrationRick Hasen

AJC: Certifying elections is a required duty of county election boards in Georgia, and they’re not allowed to refuse finalizing results based on suspicions of miscounts or fraud, a Fulton County judge ruled Tuesday. Superior Court Judge Robert McBurney rejected… Continue reading

“Republicans face backlash for lawsuits targeting overseas and military voting”

October 15, 2024, 7:40 amelection administration, military votingRick Hasen

WaPo: Republican lawsuits in Pennsylvania, Michigan and North Carolina challenging the legitimacy of overseas ballots have prompted a backlash among military personnel, their spouses, veterans and elected officials. Scores of veterans and active-duty members of the armed forces have posted… Continue reading