“A Legal Outsider, an Offbeat Theory and the Fate of the 2024 Election”

February 7, 2024, 7:19 amelection law bizRick Hasen

Great Charlie Savage NYT profile of Seth Barrett Tillman, brainchild behind the odd “officer of the United States” argument taking center stage at the Trump disqualification oral argument tomorrow at the Supreme Court.

Watch Archived Video of Safeguarding Democracy Project Webinar with Renee DiResta, Kate Klonick, Charles Stewart and Kim Wyman on How to Have a Fair and Safe 2024 Election

February 7, 2024, 7:11 amcheap speech, election administration, election subversion riskRick Hasen

Great conversation here:

“If SCOTUS Won’t Enforce the 14th Amendment, We Should Worry How They’ll Handle the 22nd”

February 7, 2024, 7:08 amelection subversion risk, Supreme CourtRick Hasen

Ian Bassin for Lawfare: Fast forward to August of this year: The Democrats are convening in Chicago to make their presidential nomination official. Behind the scenes, a secret scramble is in the works. With polling continuing to show the incumbent… Continue reading

“The Ghose of Bush v. Gore Haunts Supreme Court’s Colorado Case”

February 7, 2024, 7:07 amBush v. Gore reflectionsRick Hasen

The New Yorker reports.

“Costs for Replacing Voting Equipment in 2024”

February 7, 2024, 7:05 amvoting technologyRick Hasen

New Brennan Center analysis.

Trump Pushes Out RNC Head Ronna McDaniel and Wants Her Replaced with 2020 Election Denier

February 6, 2024, 5:06 pmelection subversion riskRick Hasen

NYT: The chairwoman of the Republican National Committee, Ronna McDaniel, has told former President Donald J. Trump she is planning to step down shortly after the South Carolina primary on Feb. 24, according to two people familiar with the plans.… Continue reading

“Ban on counting votes from computer codes passes Georgia Senate”

February 6, 2024, 2:47 pmvoting technologyRick Hasen

AJC: The Georgia Senate voted along party lines Tuesdayto abandon the use of bar codes on ballots. Instead, ballots would be counted from the printed text or filled-in ovals next to candidate names. Republicans supporting the bill said it would… Continue reading

The Stay Order is Likely the Whole Ball Game on Whether Trump Goes to Trial Before the Election on Federal Election Subversion Charges

February 6, 2024, 2:21 pmUncategorizedRick Hasen

Dahlia Lithwick and Mark Joseph Stern: When called upon to weigh in by Trump, the Supreme Court will have three likely options. First, it can deny the stay and refuse to take up the case. And it should. To… Continue reading

Some thoughts on state power to conduct presidential primaries (and why the Moore v. Harper claim may really be legally meritless)

February 6, 2024, 1:41 pmballot access, Elections ClauseDerek Muller

On the heels of some arguments raised by Marty Lederman and challenged by Richard Bernstein, I wanted to weigh in on Professor Lederman’s side–and in doing so, turn to agree with Mr. Bernstein’s sharp observation the Moore v. Harper… Continue reading

“Trump Leads Biden in Number of Small Donors”

February 6, 2024, 12:30 pmcampaign financeRick Hasen

NYT: Former President Donald J. Trump was trailing President Biden in overall campaign cash on hand at the end of 2023, but he dominated fund-raising last year by at least one critical measure: his number of small donors. An analysis… Continue reading

“Janet Protasiewicz campaign official claims vulgar reason for embedding horses in ads”

February 6, 2024, 11:50 amjudicial electionsRick Hasen

Milwakee Journal Sentinel: Wisconsin voters were bombarded with ads last year in the most expensive state court race in U.S. history, but they probably didn’t notice commercials paid for by Janet Protasiewicz’s campaign featured a number of horses. That… Continue reading

“Kari Lake’s leaked recording is causing trust issues in the Arizona GOP”

February 6, 2024, 11:49 amUncategorizedRick Hasen

WaPo: When Kari Lake speaks to the Republican Party faithful, she’s accustomed to cheers and adulation. But as the Arizona Senate candidate addressed hundreds of the state GOP’s most loyal activists late last month, she was booed so loudly the… Continue reading

Quick note on D.C. Circuit’s rejection of Trump’s immunity claim

February 6, 2024, 9:52 amUncategorizedNed Foley

Rick has linked to the opinion. I note briefly here that the unanimous per curium is a strong vindication specifically of fundamental election law principles. First, the opinions assumes for sake of argument that all of Trump’s conduct alleged… Continue reading