“Supreme Court turns away coal baron’s defamation claim against news companies”

October 10, 2023, 7:53 amFirst Amendment theoryRick Hasen

NBC News: The Supreme Court on Tuesday declined to consider overturning a landmark case that gives protections to news organizations facing defamation claims by rejecting an appeal brought by West Virginia coal baron Don Blankenship. Blankenship, also an erstwhile Republican… Continue reading

“Where an Obsession With Election Integrity Can Lead”

October 10, 2023, 7:52 amelection administrationRick Hasen

Jessica Huseman NYT oped: The Republican Party appears poised to stand by and say nothing while its most die-hard supporters risk disenfranchising themselves and others. There’s a right-wing movement afoot pressuring local governments to manually tally votes on ballots without… Continue reading

“The horrific nightmare scenario where Congress picks our next president”

October 10, 2023, 7:43 amUncategorizedRick Hasen

Kevin Kosar oped in The Hill: One thing I worry about is a contingent presidential election. That situation arises when no candidate gets a majority of electoral votes (270 of 538). Should this situation arise, Congress gets to pick the… Continue reading

ELB Book Corner: Michael Kang: “Why Campaign Money Matters”

October 10, 2023, 7:00 amcampaign finance, judicial electionsRick Hasen

I am pleased to welcome Michael Kang to ELB Book Corner. Michael, along with Joanna Shepherd, is author of the new book, Free to Judge: The Power of Campaign Money in Judicial Elections. Here is the second… Continue reading

Wisconsin Republicans May Appeal Decision of Wisconsin Justice Not to Recuse in Redistricting Case to U.S. Supreme Court

October 9, 2023, 1:52 pmUncategorizedRick Hasen

So reports Scott Bauer of AP. This may be a smart political move for Wisconsin GOP legislative leader Robin Vos, who would not want to incur the wrath of voters for impeaching a state Supreme Court justice just overwhelmingly voted… Continue reading

Minnesota Law Holding Oct. 30 Conference on Section 3 and Trump Disqualification

October 9, 2023, 1:43 pmUncategorizedRick Hasen

Details here. Great panelists, many of whom will also be at the online event on this topic October 20 for the Safeguarding Democracy Project.

“Fusion Could Lower the Temperature”

October 9, 2023, 8:49 amalternative voting systemsRick Hasen

Bill Galston column in the WSJ: There is mounting evidence that institutional changes below the level of constitutional amendments can increase opportunities for voters to express more-moderate sentiments. Fortunately, our federal system allows for more experimentation along these lines than… Continue reading

Free Safeguarding Democracy Project Webinar Oct. 17: “The Trump Prosecutions, the First Amendment, and Election Interference” with Genevieve Lakier and Eugene Volokh

October 9, 2023, 8:36 amelection subversion risk, First Amendment theoryRick Hasen

I hope many of you will join us for this webinar on October 17 at 12:15 pm PT. Should be a lively discussion. Free registration required.

Colorado Secretary of State’s brief in Trump disqualification case filled with curious claims

October 9, 2023, 8:19 amelectoral collegeDerek Muller

It’s hard not to read the brief in Colorado and wonder how in the world these claims are going to proceed in a state trial court. Here’s one statement that’s contrary to a hundred years of state practice, and offered… Continue reading

“Fearing Third-Party Spoilers vs. Trump, Biden Allies Try to Squash Them”

October 9, 2023, 7:45 amballot access, third partiesRick Hasen

NY Times: Powerful allies of President Biden are aggressively working to stop third-party and independent presidential candidacies, fearing that an outside bid could cost Democrats an election that many believe will again come down to a few percentage points in… Continue reading

“Drop boxes have become key to election conspiracy theories. Two Democrats just fueled those claims”

October 9, 2023, 7:42 amUncategorizedRick Hasen

AP: A woman approaches a drop box in the dark with what appears to be handfuls of ballots. At a different drop box, someone else is seen making multiple trips to insert ballots. At yet another, the same car stops… Continue reading

ELB Book Corner: Michael Kang: “Free to Judge: The Power of Campaign Money in Judicial Elections”

October 9, 2023, 7:00 amcampaign finance, judicial electionsRick Hasen

Requiring a majority win in either primary or general election

October 9, 2023, 6:59 amUncategorizedNed Foley

In light of the removal of McCarthy as Speaker, last week I invoked my previous advocacy of a majority winner requirement for congressional elections. This week I want to highlight my more recent advocacy of the need to avoid plurality… Continue reading