“What Recalls Tell Us About Regular Elections”

February 21, 2024, 4:12 pmrecall electionsRick Hasen

Joshua Spivak in Governing; Most people, including elected officials, seem to believe that a recall held on a special election date is much more likely to result in removal. Their logic is clear: The recall proponents would have motivated voters,… Continue reading

“The President of the Senate, the Original Public Meaning of the Twelfth Amendment, and the Electoral Count Reform Act”

February 21, 2024, 11:56 amelection law and constitutional law, electoral collegeDerek Muller

The Case Western Reserve Law Review has just published my article, “The President of the Senate, the Original Public Meaning of the Twelfth Amendment, and the Electoral Count Reform Act.” Here is the abstract: When Congress convenes under… Continue reading

Watch Archived Video of My Conversation with Erwin Chemerinsky on My New Book, “A Real Right to Vote” at the Hammer Museum

February 21, 2024, 10:13 amReal Right to VoteRick Hasen

You can watch here: A Real Right to Vote: How a Constitutional Amendment Can Safeguard American DemocracyNow available from Princeton University Press!Read the Kirkus Review NEW! Book tour informationWatch book discussion on Morning JoeOrder at … Continue reading

Andrew Albright: “Opportunities for IE Reform in California Law in a Post-Citizens United World”

February 21, 2024, 10:09 amcampaign financeRick Hasen

The following is a guest post from Andrew Albright: In Citizens United, as we all know, the Supreme Court held that independent expenditures (IEs) cannot be a source of quid pro quo corruption so long as the persons or entities publishing the IEs… Continue reading

“US appeals court to decide if Pennsylvania mail-in ballots with wrong date still count”

February 21, 2024, 7:35 amUncategorizedRick Hasen

AP: A federal appeals court must decide if Pennsylvania voters need to put accurate handwritten dates on the outside envelopes of their mail-in ballots for the votes to count, a dispute with implications for this year’s presidential contest. The 3rd… Continue reading

“At worst [Douglas Mackey’s tweets containing false information about how to vote] were calculated to cause voters to send futile text messages and then stay home on election day.”

February 21, 2024, 7:30 amchicanery, First Amendment theoryRick Hasen

Pretty remarkable statement in Douglas Mackey’s reply brief in his criminal appeal before the Second Circuit. To me, the “at worst” it seems pretty bad! As a reminder, Protect Democracy and the Yale Media Freedom and Information Access Clinic filed … Continue reading

“Chief Justice Roberts is right. We need to fix ballot access at the front end”

February 21, 2024, 7:20 amUncategorizedRick Hasen

Mark Brown oped in Cleveland Plain Dealer.

“California and New York allow for preregistration at 16. Data show neither state is fulfilling the promise of these laws.”

February 21, 2024, 7:16 amUncategorizedRick Hasen

Laura Brill at her Substack.

ELB Podcast 5:6: Rick Hasen and Erwin Chemerinsky: A Real Right to Vote

February 20, 2024, 2:00 pmELB Podcast, Real Right to Vote, Supreme CourtRick Hasen

New ELB Podcast: Why doesn’t the U.S. Constitution contain an affirmative right to vote? Can constitutional reform promote political equality, defuse the voting wars, and thwart election subversion? How can we get a constitutional right to vote, if we can’t… Continue reading

Near-unanimous Wisconsin Senate advances important bill responding to Electoral Count Reform Act

February 20, 2024, 12:28 pmelectoral collegeDerek Muller

In December 2022, I blogged about how state legislatures needed to take a look at how their existing election codes fit with the Electoral Count Reform Act. In particular, “States should be working backwards from that deadline to determine… Continue reading

“Florida man arrested for alleged Kansas election fraud in No Labels party petition”

February 20, 2024, 12:01 pmUncategorizedRick Hasen

KC Star: A Florida man accused of forging signatures on petitions to get a new political party officially recognized in Kansas has been arrested. George Andrews, 30 of Dade City, Florida, was arrested on Feb. 10 and has been charged… Continue reading

“Supreme Court allows sanctions against Trump-allied lawyers over 2020 election lawsuit”

February 20, 2024, 10:51 amchicaneryRick Hasen

NBC News: The Supreme Court on Tuesday rejected appeals brought by Trump-allied lawyers who faced legal sanctions for baselessly alleging in court that the 2020 election in Michigan was fraudulently won by President Joe Biden. By rejecting the appeals, the… Continue reading

“DNC intervenes in GOP effort to nullify Arizona election manual”

February 20, 2024, 10:50 amelection administrationRick Hasen

Politico: The Democratic National Committee is looking to jump into a pair of Arizona election lawsuits Tuesday morning, another salvo in the sprawling legal battle over the country’s election procedures ahead of November. The DNC and Arizona Democratic Party, with… Continue reading

Justice Alito Sings a Different Tune About Disparate Impact as a Test of Race Discrimination: Compare What He Said under the Voting Rights Act With His Views About Preventing School Admissions Policies Promoting Diversity

February 20, 2024, 8:29 amSupreme CourtRick Hasen

Compare what Justice Alito wrote about using disparate impact in the Voting Rights Act context in the Brnovich case with what he wrote today dissenting from denial of cert in Coalition of TJ.

Election Law Blog

The law of politics and the politics of law