“Arizona’s Supreme Court blocks an election reform ballot measure, voiding over 238,000 petition signatures.”

August 31, 2022, 7:48 amdirect democracyRick Hasen

NYT: Arizona’s ballot in November will exclude a sweeping election reform proposition after the state Supreme Court upheld a decision to throw out the majority of the nearly half-million petition signatures collected.The measure would have checked the power of… Continue reading

“Ron DeSantis is a Test Case”

August 31, 2022, 7:43 amelection subversion riskRick Hasen

Tom Edsall NYT column: What would it be like living in this country in 2025 if Trump, DeSantis or one of their emulators wins the White House backed by Republican majorities in the House and Senate?I posed this question to… Continue reading

NC’s Opening Brief in Moore: State Constitutions and the Independent State Legislature Theory

August 31, 2022, 7:36 amUncategorizedRichard Pildes

North Carolina has now filed its opening brief. I want to single out one aspect of that brief here. As I’ve emphasized, there are at least two different versions of ISLT on the role of state constitutions. The more sweeping… Continue reading

“Response to Trump Search Highlights Violent Rhetoric From the Right”

August 30, 2022, 2:19 pmelection subversion riskRick Hasen

NYT: One week after a team of F.B.I. agents descended on his private club and residence in Florida, former President Donald J. Trump warned that his followers were enraged by the search — and that things could get out of… Continue reading

“Trump shares barrage of QAnon content and other conspiracy theories on his social media platform”

August 30, 2022, 2:01 pmcheap speech, election subversion riskRick Hasen

NBC News: Former President Donald Trump spent Tuesday morning posting inflammatory messages on social media, including many explicitly promoting the QAnon conspiracy theory.While Trump has in the past promoted QAnon-inspired accounts and theories, the posts on his Truth Social account… Continue reading

“First, an F.E.C. Complaint Against Trump Over 2024. Now One for Biden, Too.”

August 30, 2022, 1:52 pmUncategorizedRick Hasen

NYT: A conservative group has filed a complaint against President Biden accusing him of violating federal election law by not officially informing the Federal Election Commission that he plans to run again in 2024.The complaint is unlikely to succeed… Continue reading

Follow-Up Written Answers for Senate Judiciary Committee on Voting Rights after Brnovich and Shelby County

August 30, 2022, 11:38 amlegislation and legislatures, Supreme Court, Voting Rights ActRick Hasen

Last July, I testified at a Senate Committee on the Judiciary, Subcommittee on The Constitution, hearing entitled “Restoring the Voting Rights Act after Brnovich and Shelby County.” Two Senators had follow-up questions, and I have now posted the questions and… Continue reading

“Biden to give prime-time speech about ‘soul of the nation’ as voters prepare to cast midterm ballots”

August 30, 2022, 7:43 amUncategorizedRick Hasen

NBC News: President Joe Biden plans to deliver a prime-time speech this week about how America’s “rights and freedoms are still under attack,” returning to the core message of his 2020 campaign as Americans are getting ready to vote… Continue reading

Petitioners File Their Opening Supreme Court Brief on the Merits in Moore v. Harper, the Independent State Legislature Case

August 30, 2022, 7:38 amlegislation and legislatures, Supreme CourtRick Hasen

You can read the brief here.

“The Partisan Implications of the ISL Theory”

August 29, 2022, 10:26 pmUncategorizedNicholas Stephanopoulos

I wrote this piece for Democracy Docket on the partisan implications of the independent state legislature doctrine, solely with respect to congressional redistricting (the subject of Moore v. Harper). However, at least in the context presented by Moore — congressional… Continue reading

“QAnon Accounts Found a Home, and Trump’s Support, on Truth Social”

August 29, 2022, 7:43 amcheap speechRick Hasen

NYT: Dozens of QAnon-boosting accounts decamped to Truth Social this year after they were banned by other social networks and have found support from the platform’s creator, former President Donald J. Trump, according to a report released on Monday… Continue reading

“Judge delays Gov. Kemp’s testimony in Ga. probe until after November election”

August 29, 2022, 7:41 amUncategorizedRick Hasen

WaPo reports.

“Voters with disabilities face new barriers over Texas voting law”

August 29, 2022, 7:40 amvoters with disabilitiesRick Hasen

Courthouse News Service reports.

“When an election denier becomes a chief election official”

August 29, 2022, 7:39 amelection subversion riskRick Hasen

Zach Montellaro for Politico: Many of the election deniers running for secretary of state this year have spent their time talking about something they can’t do: “decertifying” the 2020 results.The bigger question — amid concerns about whether they would fairly… Continue reading