Next Week on the Blog…

December 1, 2022, 4:30 pmUncategorizedRick Hasen

Derek Muller will be primary ELB blogger next week. On Wednesday, December 7, the Supreme Court will hear oral argument in the Moore v. Harper case. I will be live blogging the audio of the oral arguments right here on… Continue reading

“Voting Without State Checks and Balances? A Close Look at the Independent State Legislature Theory”

December 1, 2022, 3:25 pmUncategorizedIndependent State Legislature Doctrine, Moore v. HarperTabatha Abu El-Haj

The New York City Bar Association hosted this excellent panel discussion, co-sponsored by the Brennan Center, in advance of next week’s oral arguments in Moore v. Harper. The panel featured Carter Phillips (Sidley Austin LLP, Counsel of Record for… Continue reading

“Cochise County complies with judge’s order and certifies election results”

December 1, 2022, 3:05 pmUncategorizedRick Hasen

The latest: On Thursday, a judge ruled the board had “exceeded its lawful authority” by not certifying the election results on time and ordered the board to hold an emergency meeting by the end of the day. The judge said… Continue reading

“Voting under the Federal Constitution”

December 1, 2022, 10:09 amUncategorizedRick Hasen

Travis Crum has posted this draft on SSRN (forthcoming, Oxford Handbook of American Election Law). Here is the abstract: There is no explicit, affirmative right to vote in the federal Constitution. At the Founding, the franchise was largely limited to… Continue reading

“Cochise County, after disregarding state elections law, may go to court without attorney”

December 1, 2022, 7:37 amchicanery, election subversion riskRick Hasen

Arizona Republic: Cochise County officials may go to court Thursday without an attorney to represent them against charges that they broke the law by failing to certify the results of the Nov. 8 election. County supervisors on Tuesday voted to… Continue reading

“Manchin and Klobuchar: Omnibus likely place for electoral count overhaul”

December 1, 2022, 7:25 amUncategorizedRick Hasen

Roll Call: Legislation to overhaul how Congress counts presidential electoral votes should hop on the must-pass spending omnibus on its way out of the Senate, Sens. Joe Manchin III and Amy Klobuchar said Wednesday. Speaking at a National Council… Continue reading

“The Jolt: Finger-pointing starts over long waits for Georgia voters”

December 1, 2022, 7:14 amUncategorizedRick Hasen

AJC: Voters are having to wait in line for more than two hours at some crowded voting locations before casting a ballot in the U.S. Senate runoff, a consequence of both high turnout and a shorter early voting period, The… Continue reading

“The Bottom-Up Election-Denial Strategy; It’s wrong, it seems illegal, and it’s probably not going to work. For now.”

December 1, 2022, 7:11 amelection subversion riskRick Hasen

Elaine Godfrey for The Atlantic: Something that became very clear in 2020 is that America’s election system relies not on spelled-out rules and regulations, but on human beings acting honestly. Before 2016, the certification process was not used as a… Continue reading

“Why the voting machines failed in Mercer County”

December 1, 2022, 7:07 amvoting technologyRick Hasen

Andrew Appel: On Election Day, November 8, 2022, every voting machine in every polling place in Mercer County, New Jersey failed to work. Voters in each precinct filled in the ovals in their preprinted optical-scan paper ballots, but the voting… Continue reading

“Georgia GOP chairman singled out by judge for central role in fake elector plot”

November 30, 2022, 11:59 amchicaneryRick Hasen

CNN: A state judge singled out Georgia Republican Party chairman David Shafer, one of the fake electors for Donald Trump, for the unique role he played in efforts to overturn the 2020 presidential election in the Peach State as… Continue reading

On Party Line Vote, Luzerne County, PA Certifies the 2022 Vote

November 30, 2022, 11:28 amUncategorizedRick Hasen

Hansi Lo Wang: NEW: Pennsylvania's Luzerne County board of elections votes 3-2 to certify its local midterm election results two days after the state's legal deadline as it faces a lawsuit by Democratic Rep. Matt Cartwright after putting some 117,000… Continue reading

Scheduled to Be on MSNBC Around 11:25 AM ET Talking About the Refusal of a Few Counties to Certify Election Results

November 30, 2022, 7:52 amUncategorizedRick Hasen

Tune in!

“Election certification delays few, but a ‘test run’ for 2024”

November 30, 2022, 7:45 amchicanery, election subversion riskRick Hasen

AP: Before November, election officials prepared for the possibility that Republicans who embraced former President Donald Trump’s lies about voter fraud would challenge the verdict of voters by refusing to certify the results. Three weeks after the end of voting,… Continue reading

Ninth Circuit upholds California’s two-step recall process

November 30, 2022, 6:10 amcourt decisions, recall electionsDerek Muller

The Ninth Circuit issued its decision in Clark v. Weber, approving California’s two-step recall process. In the recall, voters first vote “yes” or “no” on the recall; after that, they may vote on a new candidate for governor, but… Continue reading