“Michigan Ballot Measure Seeks to Shield State Elections from Trumpian Conspiracies”
New at Bolts.
Conservative Luminaries (including former DC Circuit Judge Thomas Griffith) File Amicus Brief in Moore v. Harper Siding with Respondents
This is an interesting one that will get some Justices’ attention. It argues that the North Carolina Republicans are wrong even if one accepts the concurrence by Chief Justice Rehnquist in Bush v. Gore and the dissent by Chief Justice… Continue reading
More on the Varying Meanings of “Congress” and “Legislature”
This is a guest post from Professor Michael Herz:
In a recent Election Law Blog post regarding the Independent State Legislature doctrine, Rick Pildes observes that the term “Congress” in the U.S. Constitution sometimes means Congress acting alone and sometimes… Continue reading
“Records Show Massive Disenfranchisement and Racial Disparities in 2022 Texas Primary”
Brennan Center:
Spurred by false claims of voter fraud in the 2020 election, Texas enacted a voting law in 2021 with many egregious provisions. These ranged from new limits on assistance for voters with disabilities or language-access needs to… Continue reading
“Election deniers could make deep changes to Arizona voting”
AP:
Gathered at a table in the state Capitol a little less than two years ago, two Republicans and a Democrat took part in a ceremony prescribed by state law that made official Joe Biden’s 10,500-vote victory in Arizona’s 2020… Continue reading
Joining NBC News/MSNBC as Election Law Analyst for the 2022 Elections
Announcement:
.@Rickhasen, an internationally recognized expert in election law and campaign finance regulation, has joined @MSNBC as an Election Law Analyst. Tonight he discussed the upcoming midterm election with @chrislhayes. WATCH: pic.twitter.com/pmUHadbNT1— MSNBC Public Relations… Continue reading
The term “Congress,” like the term “legislature,” Means Different Things in Different Constitutional Provisions
A major issue in the Moore v. Harper case and about the independent state legislature theory (ISLT) more generally is whether the term “legislature” must mean the same thing in all the constitutional provisions that use it. In addressing that… Continue reading
“Pro-Trump conspiracy theorists hound election officials out of office”
Reuters:
Last year, as documented by Reuters, U.S. election officials endured an onslaught of intimidation by Trump’s supporters after the 2020 election. This year, they’re facing well-funded campaigns such as the one in Washoe. Officials who resist baseless stolen-election claims… Continue reading
“Videos Show Confusion as Florida Police Arrest People on Voter Fraud Charges”
NYT:
Gov. Ron DeSantis of Florida announced in August “a first salvo” of criminal charges in what he called a long-overdue crackdown on voter fraud by his newly created Office of Election Crimes and Security.But recently released body camera… Continue reading
“Only 1 in 4 Election Websites Uses the .gov Domain. That’s a Problem — and an Opportunity”
New from CDT.
See also this from WaPo.
“Inside Steve Bannon’s ‘disturbing’ quest to radically rewrite the US constitution”
The Guardian:
Steve Bannon, the former chief strategist in the Trump White House who is at the forefront of the Republican march toward hard-right populism, is throwing his weight behind a movement to radically rewrite the US constitution.Bannon has… Continue reading
Judge in John Eastman Case Finds Trump Likely Committed a Crime by Signing False Verification About Voter Fraud in Georgia During 2020 Election Contest
From the court’s order:
Four emails demonstrate an effort by President Trump and his attorneys to press false claims in federal court for the purpose of delaying the January 6 vote. The evidence confirms that this effort was undertaken… Continue reading
Watch Archived Video of Panel on “Social Media and Democracy” at the Ninth Circuit Judicial Conference
I was glad to participate in this panel:
How does social media impact democracy? Social media platforms perform a valuable public forum function. They can unite people, generate social empathy, mobilize political action, amplify important issues and voices that… Continue reading
“The Conservative Stalwart Challenging the Far-Right Legal Theory That Could Subvert American Democracy”
Jane Mayer in the New Yorker:
A powerful new litigant has joined one of the most momentous cases slated to be heard by the Supreme Court this term. The respondents in the case of Moore v. Harper filed a… Continue reading