“The winner-take-all incentives that have racially polarized America – and led to Trump”

February 1, 2024, 4:05 pmpolitical polarizationRick Hasen

Steven Hill: Amidst all the ink and electrons reporting on the bitter partisan divisions that gnaw at America today, what has been missing is due recognition of how extreme policy positions and failure to compromise are incited by certain fundamental… Continue reading

“Republican lawsuits challenge mail ballot deadlines. Could they upend voting across the country?”

February 1, 2024, 10:44 amabsentee ballotsRick Hasen

AP: Republicans are challenging extended mail ballot deadlines in at least two states in a legal maneuver that could have widespread implications for mail voting before the presidential election in November. A lawsuit filed last week in Mississippi follows a… Continue reading

Amicus brief of former GOP members of Congress in the Trump-Colorado case

January 31, 2024, 12:35 pmUncategorizedNed Foley

A dozen former Republican members of Congress have submitted an amicus brief in support of respondents, urging the U.S. Supreme Court in Trump v. Anderson to affirm the disqualification of Trump. Although the brief submitted on behalf of Ben Ginsberg,… Continue reading

Weiser & Wolf: “Responding to Trump’s Moore/Independent State Legislature Theory Claim in Trump v. Anderson”

January 31, 2024, 11:01 amballot access, election subversion risk, Supreme CourtRick Hasen

The following is a guest post from Wendy Weiser and Tom Wolf of the Brennan Center: At the end of his merits brief in Trump v. Anderson, Trump argues that the Colorado Supreme Court violated the federal Electors Clause when… Continue reading

W & L Symposium: “Voting in a Politically Polarized Era”

January 31, 2024, 10:58 amUncategorizedRick Hasen

So sorry I’ll have to miss this: On Friday, February 16, the Washington and Lee Law Review will host the 2024 Lara D. Gass Symposium, entitled “Voting Rights in a Politically Polarized Era.” This Symposium will explore various… Continue reading

“A User’s Guide to Trump v. Anderson, Part Two: The Three Possible, but Less-than-Ideal, Dispositions of the Case”

January 31, 2024, 10:48 amballot access, Supreme CourtRick Hasen

Thoughtful Marty Lederman blog post, responding in part (and disagreeing with) the argument raised in the amicus brief I filed with Ned Foley and Ben Ginsberg in the case.

Josh Douglas: “Democracy Optimist”

January 31, 2024, 7:55 amUncategorizedRick Hasen

Josh passes along the following: ELB readers may be interested to learn about my new radio series and podcast, Democracy Optimist, which is available on all of the podcast platforms and will air on NPR stations in Kentucky. Democracy… Continue reading

“Prosecutor on Trump Georgia Case Avoids Testifying in Divorce Proceeding”

January 31, 2024, 7:53 amconflict of interest lawsRick Hasen

NYT: The special prosecutor leading the election interference case against former President Donald J. Trump will not have to testify this week about an alleged romantic relationship with his boss, Fani T. Willis, the Fulton County district attorney, after reaching… Continue reading

“Bill targeting college IDs clears Kentucky Senate in effort to revise voter identification law”

January 31, 2024, 7:51 amvotingRick Hasen

AP: College-issued student ID cards won’t carry the same weight as a form of photo identification at polling places if a bill that advanced Tuesday in Kentucky’s legislature becomes law. The Senate voted to revise the state’s voter identification law… Continue reading

I Spoke with Chuck Todd on the Trump Disqualification Case, Why We Need a Right to Vote in the Constitution, and More

January 31, 2024, 7:43 amReal Right to Vote, Supreme CourtRick Hasen

Listen to the Chuck Toddcast episode at this link.

Presidential Elections, “Survivor”-style

January 31, 2024, 6:46 amUncategorizedNed Foley

As we watch this year’s presidential election develop, which is heading to the Biden-Trump rematch that most Americans don’t want, we should be thinking imaginatively of better ways to elect a president–ones that would let voters elect the candidate a… Continue reading

“Some Minnesota corporations quietly resume donations to election disputers”

January 30, 2024, 3:00 pmUncategorizedRick Hasen

Star Tribune: In the aftermath of the insurrection on the U.S. Capitol, many of Minnesota’s largest corporations publicly announced they were pausing campaign donations to all members of Congress, including those who joined Donald Trump’s push to block the certification… Continue reading

“Trump’s PACs Spent Roughly $50 Million on Legal Expenses in 2023”

January 30, 2024, 2:59 pmcampaign finance, campaigns, chicaneryRick Hasen

NYT: Donald J. Trump piled up legal expenses in 2023 as he was indicted four times, spending approximately $50 million in donor money on legal bills and investigation-related expenses last year, according to two people briefed on the figure. It… Continue reading

Full Eighth Circuit, Over 3 Dissenting Judges, Won’t Rehear Case That Would End Most Cases Brought Under Section 2 of the Voting Rights Act

January 30, 2024, 10:13 amVoting Rights ActRick Hasen

The court’s decision not to grant rehearing en banc, a concurrence by Judge Stras, and a dissent by Judge Colloton, is here. The original panel decision held that Section 2 of the VRA contains no private right of action, which… Continue reading