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  • Rick Hasen
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More evidence of the Trump mobilization of lower-frequency voters

June 26, 2025, 10:30 pmelection administration, political parties, The Voting Warsvoter turnoutJustin Levitt
The NYT headline is “If Everyone Had Voted, Harris Still Would Have Lost.”  Which, of course, is impossible to know, unless you assume that demographics is inevitably destiny.  But the broader point of the outcome of this new Pew study… Continue reading

“A.I. Is Starting to Wear Down Democracy”

June 26, 2025, 10:28 pmcampaigns, cheap speechArtificial Intelligence, Election Interference, international electionsJustin Levitt
That’s the headline in the NYT, and the second exaggerated NYT headline I’ve flagged today.  I don’t know that the article actually delivers what the headline promises (and headlines are usually not, as I understand it, written by the… Continue reading

“Lawyer Who Pushed Bogus Trump Elector Scheme Is Disbarred in New York”

June 26, 2025, 10:26 pmchicanerydemocratic backsliding, January 6, The Big LieJustin Levitt
The NYT gets this headline right.  Based on his part in the scheme for fake electors to submit fraudulent returns in 2020 — one of the few schemes NOT involving a municipal election — Kenneth Chesebro is no longer… Continue reading

“Delaware County borough official sentenced for attempt to steal mayoral election”

June 26, 2025, 10:25 pmchicaneryelection fraud, local electionsJustin Levitt
The Pennsylvania Capital-Star covers the sentence, delivered to the final co-conspirator of a scheme to submit fraudulent write-in votes in a 2021 municipal election. (These sorts of schemes are rare, but when they do occur, they’re almost always in local… Continue reading

“Maricopa County Recorder’s Office mails incorrect letters to 83,000 voters”

June 26, 2025, 10:23 pmelection administration, voter registrationJustin Levitt
This, from Votebeat, is … not great: The Maricopa County Recorder’s Office mailed about 83,000 voters an incorrect letter warning them that they would be moved to the inactive voter list if they didn’t respond, a mistake the Recorder’s… Continue reading

“NC House bill would allow elections board workers to be replaced with political hires”

June 26, 2025, 10:22 pmelection administrationJustin Levitt
This, from NC Newsline, is also … not great: North Carolina House Republicans want more than a third of existing staff positions at the state elections office to be converted to jobs for political appointees, eliciting criticism about the… Continue reading

“Miami approves delay of election to 2026, setting up legal battle with state”

June 26, 2025, 10:21 pmelection administrationelection timing, local elections, voter turnoutJustin Levitt
Florida Politics reports on the Miami commissioners’ vote — against stern advice from the Florida Attorney General — to postpone city elections from 2025 to 2026.  The move moves the elections to a higher-turnout occasion, but also prolongs existing officers’… Continue reading

“Justice Department sues Orange County registrar for access to noncitizen voting records”

June 25, 2025, 10:08 pmDepartment of Justice, NVRA (motor voter), voter registrationJustin Levitt
The L.A. Times and O.C. Register have coverage of the latest from the Civil Rights Division, in a very odd (but also comparatively low-impact?) lawsuit.  The complaint is here. The fuss is apparently over 17 records of non-citizens removed… Continue reading

“Wisconsin Supreme Court rejects bid to reconsider congressional maps before the 2026 midterms”

June 25, 2025, 10:06 pmredistrictingstate constitutionsJustin Levitt
The Milwaukee Journal-Sentinel reports on two cases that the state Supreme Court declined to hear.  I’m sure Justice Bradley, who angrily pre-castigated her colleagues (in a dissent from the order simply directing a response to the initial petitions) for their… Continue reading

“Independent and third-party voter registration growing, largely at the expense of Democrats”

June 25, 2025, 10:06 pmpolitical parties, voter registrationJustin Levitt
An NBC report with the lede: The number of registered independents and third-party members is growing as voters are breaking from the two-party system at increasing rates, according to an NBC News analysis of voter registration data. As of 2025,… Continue reading

“Pima County starts new mail-in ballot system”

June 25, 2025, 10:05 pmabsentee ballots, election administrationJustin Levitt
Details matter in election administration.  Pima’s moving from a mail ballot system with two envelopes to a system with one, and expects the process to be cheaper, quicker, and easier for voters, without any meaningful compromise in security. More of… Continue reading

“Former postal carrier gets 5 years for ballot theft scheme”

June 25, 2025, 10:04 pmchicanery, fraudulent fraud squadThe Big LieJustin Levitt
From Colorado Public Radio: A Mesa County woman who was a part of a scheme to steal ballots ahead of the 2024 election was sentenced to 5 years in the department of corrections, Wednesday. , , , At the… Continue reading

Alabama touts first-in-the-nation security emblem on ballots

June 25, 2025, 10:03 pmelection administration, voting technologyballot design, election securityJustin Levitt
Plenty of states use features like watermarks on most official ballot papers (sometimes with express exceptions for ballots submitted by overseas citizens and voters with disabilities), but Alabama says it’s the first with security emblems invisible to the human eye… Continue reading

“New Connecticut law improves voting access to some people in prison”

June 25, 2025, 10:02 pmelection administrationincarcerated votersJustin Levitt
The Darien Times reports on the implementation of access for incarcerated but eligible voters in Connecticut, who are mostly in pre-trial detention.  Focusing on the logistics — as they’ve done in Colorado — results in significant (and unsurprising) improvements on… Continue reading

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Election Law Blogger

Rick Hasen

Gary T. Schwartz Endowed Chair in Law and Professor of Political Science
UCLA School of Law
Director, Safeguarding Democracy Project

Contributors

Tabatha Abu El-Haj

Professor of Law, Drexel University Thomas R. Kline School of Law
@tabathaabuelhaj
View posts ›

Guy-Uriel E. Charles

Charles J. Ogletree Jr. Professor of Law, Harvard Law School
View posts ›

Travis Crum

Professor of Law, Washington University School of Law
View posts ›

Edward B. Foley

Ebersold Chair in Constitutional Law, The Ohio State University
View posts ›

Justin Levitt

Professor of Law at LMU Loyola Law School, Los Angeles
View posts ›

Derek T. Muller

Professor of Law, Notre Dame Law School
View posts ›

Spencer A. Overton

Professor of Law,
The George Washington University Law School
View posts ›

Richard H. Pildes

Sudler Family Professor of Constitutional Law, NYU School of Law
View posts ›

Nicholas Stephanopoulos

Kirkland & Ellis Professor of Law, Harvard Law School
View posts ›

Dan Tokaji

Fred W. & Vi Miller Dean and Professor of Law
University of Wisconsin Law School
View posts ›

Franita Tolson

Dean and Carl Mason Franklin Chair in Law at USC Gould School of Law
View posts ›

Recent Books by Rick Hasen

A Real Right to Vote

A Real Right to Vote

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy
Now available from Princeton University Press!
Read the Kirkus Review

Book tour information
Watch book discussion on Morning Joe
Order at Amazon, Barnes and Noble, Bookshop

Cheap Speech: How Disinformation Poisons Our Politics–and How to Cure It

Cheap Speech: How Disinformation Poisons Our Politics–and How to Cure It

Cheap Speech: How Disinformation Poisons Our Politics--and How to Cure It (Yale University Press, 2022)
Cheap Speech book website

Named one of the best books on disinformation by the New York Times

Election Law–Cases and Materials

Election Law–Cases and Materials

Election Law–Cases and Materials (7th edition, Carolina Academic Press, 2022) (with Daniel Hays Lowenstein, Daniel P. Tokaji, and Nicholas O. Stephanopoulos)

2025 Casebook Supplement (Free)

Election Meltdown

Election Meltdown book cover

Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy
(Yale University Press, 2020)

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations (2d ed. Wolters Kluwer, 2020)

Recent ELB Podcast Episodes

The ELB Podcast

The ELB Podcast

Season 6, Episode 8 Danielle Lang: Is Trump’s Executive Order on Voting a Threat to Democracy?

Season 6, Episode 7,
Combatting False Election Information: Lessons from 2024 and a Look to the Future (Marwick, Starbird, Tucker)

Season 6, Episode 6, What Do Documentary Proof of Citizenship Laws Accomplish? (Fontes, Olson, Perales)

Season 6, Episode 5, Fair Elections and Voting Rights: What's Ahead for the Next Four Years? (Gardner, Karlan, Richer)

Season 6, Episode 4, Katie Harbath: The Present and Future of Social Media, Politics, and Elections

Season 6, Episode 3, From Nov. 5 to Jan. 6: Are We Prepared for a Fair and Safe Election? (Ginsberg, Diamond, Kleinfeld, Tolson)

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

Season 6, Episode 1, Democracy and the Risks to the 2024 Elections (Aden, Fortier, & Roth)

More podcast episodes ›

Recent Op-Eds & Commentaries by Rick Hasen

Two Supreme Court Justices Invited an Outright Assault on Democracy. Now It’s Here, Slate, May 14, 2025

America Needs More Judges Like Judge Myers, The Atlantic, May 7, 2025

We’re Getting Dangerously Close to a Losing North Carolina Candidate Being Declared the Winner, Slate, Apr. 14, 2025

What Elon Musk Won in Wisconsin, Slate, Apr. 3, 2025

The Ultrarich Have Reshaped Presidential Elections. Here’s Where They’re Looking Next, Slate, Mar. 27, 2025

Trump’s Executive Order on Elections is a Blatant Power Grab, MSNBC Opinion, Mar. 26, 2025

One Possible Explanation for Judge Merchan’s Last-Minute Decision to Sentence Trump, Slate, Jan. 3, 2025 (with Jeremy Stahl)

Voting in the U.S. Shouldn’t Be This Hard, MSNBC Opinion, Nov. 5, 2024

Thousands of Pennsylvania Ballots Will Be Tossed on a Technicality. Thanks SCOTUS, Slate, Nov. 4, 2024

Why the “Blue Shift” Everyone Seems to Have Forgotten About Might Be More Dangerous This Time, Slate, Oct. 24, 2024

Elon Musk Might Have Broken the Law Against Bribing Voters. Whoops!, Slate, Oct. 16, 2024

Two Big Questions Raised by Elon Musk’s Trumpian Transformation of X, MSNBC Opinion, Oct. 14, 2024

Why the Supreme Court May Not Decide the 2024 Election After All, Slate, Oct. 10, 2024

Jack Smith’s Big New Jan. 6 Brief is a Major Indictment of the Supreme Court, Slate, Oct. 2, 2024

A Last-Minute Effort to Mess with the 2024 Vote is Underway. It’s Scarier Than Expected, Slate, Sept. 20, 2024

Why It Will Be Harder for Trump to Challenge This Year’s Election, Wall Street Journal, Aug. 29, 2024

Democrats Sure Aren’t Acting as If Trump Beating Biden is an Existential Threat to Democracy, Slate, July 10, 2024

Kamala Harris Replacing Joe Biden is not Antidemocratic, Slate, July 22, 2024

Trump Immunity Ruling Will Be John Roberts’ Legacy to American Democracy, Slate, July 1, 2024

Trump Immunity Ruling Will Be John Roberts’ Legacy to American Democracy, Slate, July 1, 2024

The First Amendment Just Dodged an Enormous Bullet at the Supreme Court, Slate, July 1, 2024

That Big Jan. 6 Supreme Court Decision is Not the Big Win for Trump People Think It Is, Slate, June 28, 2024

A Democratic Super PAC’s New Trump Ad Might Be Borderline Criminal, Slate, June 26, 2024

Why It’s Hard to Muster Even a ‘Meh’ Over Trump’s New York Criminal Trial, Los Angeles Times, April 14, 2024

2016 Election Fraudster ‘Ricky Vaughn’ Might Finally Be About to Face the Music, Slate, April 1, 2024

The Supreme Court Just Delivered a Rare Self-Own for John Roberts, Slate, March 5, 2024

It’s Past Time to Quit Hoping the Courts are Going to Stop Trump, Slate, March 4, 2024 (with Dahlia Lithwick)

The Biggest Supreme Court Case Nobody Seems to Be Talking About, Slate, February 23, 2024

How to Actually Guarantee the Right to Vote: A Six-Point Checklist, The Atlantic, February 13, 2024

A Grand Bargain is Emerging in the Supreme Court’s Trump Cases, But Chaos May be Ahead, Slate, February 8, 2024

Donald Trump is Asking the Supreme Court for the Bush v. Gore Treatment, Slate, February 7, 2024

Trump’s Lawyers Made Some Very Odd Strategic Choices in the Supreme Court Ballot Case, Slate, January 29, 2024

The 2024 Election Will Be Fair. People Still Won’t Believe It, Politico, January 25, 2024

The U.S. Lacks What Every Democracy Needs, New York Times, January 16, 2024

 

More op-eds and commentaries by Rick ›

Recent Academic Articles and Working Papers by Rick Hasen

Faux Campaign Finance Regulation and the Pathway to American Oligarchy (conference paper dated Apr. 24, 2025, draft available, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5229707)

Bush v. Gore‘s Ironic Legacy, 53 Florida State University Law Review (forthcoming 2026), draft available, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5188686

Reckoning with the Undead Irreparable Injury Rule, Review of Litigation (forthcoming 2025), draft available, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4901755

The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law, 134 Yale Law Journal 1673 (2025)

From Bloggers in Pajamas to The Gateway Pundit: How Government Entities Do and Should Identify Professional Journalists for Access and Protection, forthcoming in THE FUTURE OF PRESS FREEDOM: DEMOCRACY, LAW & THE NEWS IN CHANGING TIMES (Cambridge U. Press, RonNell Andersen Jones and Sonja R. West eds. forthcoming 2025)

States as Bulwarks Against, or Potential Facilitators of, Election Subversion, in Our Nation at Risk: Election Integrity as a National Security Issue (Karen Greenberg and Julian Zelizer, eds. NYU Press, 2024)

Election Reform: Past, Present, and Future in Oxford Handbook of American Election Law (Eugene Mazo, ed., 2024)

Nonprofit Law as a Tool to Kill What Remains of Campaign Finance Law: Reluctant Lessons from Ellen Aprill, 56 Loyola of Los Angeles Law Review 1233 (2023) (festschrift symposium honoring Ellen Aprill)

Identifying and Minimizing the Risk of Election Subversion and Stolen Elections in the Contemporary United States, 135 Harvard Law Review Forum 265 (2022)

Research Note: Record Election Litigation Rates in the 2020 Election: An Aberration or a Sign of Things to Come?, Election Law Journal, https://www.liebertpub.com/doi/epdf/10.1089/elj.2021.0050 (2022)

Optimism and Despair About a 2020 “Election Meltdown” and Beyond, 100 Boston University Law Review Online 298 (2020) (part of symposium on my book, Election Meltdown)

Three Pathologies of American Voting Rights Illuminated by the COVID-19 Pandemic, and How to Treat and Cure Them, Election Law Journal (2020)

More academic articles by Rick Hasen ›

Recent Books by ELB Contributors

Tokaji & Yablon- Election Law in a Nutshell

Tokaji & Yablon- Election Law in a Nutshell

Election Law in a Nutshell (3d ed., West Academic Publishing, 2024)
by Daniel P. Tokaji & Robert Yablon

Pildes – The Law of Democracy

Pildes – The Law of Democracy

The Law of Democracy: Legal Structure of the Political Process, 6th ed.
(Foundation Press, 2022)
by Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes, Nathaniel Persily, and Franita Tolson

Persily – Social Media and Democracy

Persily – Social Media and Democracy

Social Media and Democracy
(Cambridge Press, 2020)
by Nathaniel Persily and Joshua A. Tucker

Gerkin – The Democracy Index

Gerkin – The Democracy Index

The Democracy Index: Why Our Election System Is Failing and How to Fix It
by Heather K. Gerken
(Princeton University Press 2009)

Podcasts by ELB Contributors

Tolson – Free and Fair Podcast

Tolson – Free and Fair Podcast

Free & Fair with Franita and Foley
Franita Tolson and Edward Foley

Recent Articles by ELB Contributors

Tabatha Abu El-Haj, Networking the Party: First Amendment Rights & the Pursuit of Responsive Party Government, 118 Colum. L. Rev. 1225 (2018).

Bruce E. Cain, Wendy K. Tam Cho, Yan Y. Liu & Emily R. Zhang, A Reasonable Bias Approach to Gerrymandering: Using Automated Plan Generation to Evaluate Redistricting Proposals, 59 Wm. & Mary L. Rev. 1521 (2018).

Edward B. Foley, Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism (May 10, 2021). Ohio State Legal Studies Research Paper No. 61

Anita S. Krishnakumar, Cracking the Whole Code Rule (February 19, 2020). St. John’s Legal Studies Research Paper No. 20-0002, New York University Law Review, Forthcoming

Justin Levitt, Failed Elections and the Legislative Selection of Electors, 96 N.Y.U. L. Rev. 1052 (2021)

Derek T. Muller, Election Subversion and the Writ of Mandamus, William & Mary Law Review (forthcoming)

Spencer Overton, Power to Regulate Social Media Companies to Prevent Voter Suppression. GWU Legal Studies Research Paper No. 2020-23, GWU Law School Public Law Research Paper No. 2020-23, 53 U.C. Davis L. Rev. 1793 (2020)

Nicholas Stephanopoulos, The Sweep of the Electoral Power (October 20, 2020). Constitutional Commentary, Forthcoming, Harvard Public Law Working Paper No. 21-07

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