“‘I’ve prayed for each of you’: How Mike Johnson led a campaign of election denial”

October 25, 2023, 5:22 pmelection subversion riskRick Hasen

Politico deep dive: One day before a mob bludgeoned its way into the Capitol, Rep. Mike Johnson huddled with colleagues in a closed-door meeting about Congress’ task on Jan. 6, 2021. A relatively junior House Republican at the time, Johnson was nevertheless… Continue reading

“N.C. Republicans pass redistricting map expected to flip 3 House seats”

October 25, 2023, 4:27 pmredistrictingRick Hasen

WaPo: In a move that could solidify GOP power in the state for years to come, North Carolina Republicans passed new congressional and state legislative maps Wednesday that could flip three or four U.S. House seats while easing a path… Continue reading

The Speakership Saga and the Need for Nonpartisan Primaries

October 25, 2023, 4:18 pmUncategorizedelectoral reform, primaries, ranked choice votingNed Foley

For those of us concerned about the capacity of Congress to function on behalf of the American people, we should be glad that the House of Representatives finally has a new Speaker three weeks (and a day) after Kevin McCarthy… Continue reading

ACLU, in Amicus Brief Filed in DC Circuit, Says the Use of the Word “Target” is Unconstitutionally Vague in Trump Gag Order in Federal Election Subversion Case

October 25, 2023, 1:48 pmUncategorizedRick Hasen

Here’s the brief. This was an issue I flagged in my recent conversation with Genevieve Lakier and Eugene Volokh.

The “most important architect” of Trump’s Bogus Electoral College Objections Poised to Be Next Speaker of the House, and Republicans Don’t Want to Talk About It

October 25, 2023, 7:22 amelection subversion riskRick Hasen

From this Oct. 2022 NYT article, “They Legitimized the Risk of a Stolen Election–and Reaped the Rewards:” he most far-reaching of Mr. Trump’s ploys to overturn his defeat, the objections to the Electoral College results by so many House… Continue reading

The Uncertainty of “Contingent Election” Procedures

October 24, 2023, 7:14 pmUncategorizedNed Foley

Rick linked earlier today to a new analysis of the risk that a No Labels presidential ticket could cause no candidate to win a majority of electoral votes, triggering the Twelfth Amendment’s antiquated “contingent election” procedure (last used in 1824).… Continue reading

“The Supreme Court Summons the Ghosts of Bush v. Gore: How Moore v. Harper Haunts State and Federal Constitutional Interpretation of Election Laws”

October 24, 2023, 4:58 pmlegislation and legislatures, Supreme CourtRick Hasen

Scott Kafker and Simon Jacobs have posted this draft on SSRN (forthcoming, Wake Forest Law Review). Here is the abstract: There is a dangerous lack of clarity in the Supreme Court’s recent decision in Moore v. Harper, which held that… Continue reading

“Ex-Chief of Staff Mark Meadows granted immunity, tells special counsel he warned Trump about 2020 claims: Sources”

October 24, 2023, 2:16 pmchicaneryRick Hasen

ABC News: Former President Donald Trump’s final chief of staff in the White House, Mark Meadows, has spoken with special counsel Jack Smith’s team at least three times this year, including once before a federal grand jury, which came only… Continue reading

Why Are Republicans in Michigan Raising a Discredited Version of the Independent State Legislature Theory in New Litigation?

October 24, 2023, 11:23 amUncategorizedRick Hasen

Marc Elias has a theory: One possibility is simply bad legal strategy. Republicans and their attorneys regularly make litigation decisions that defy common sense and at least some of the attorneys in this case have a history of bringing meritless… Continue reading

“Combating Misinformation Through Electoral Reform”

October 24, 2023, 9:28 amUncategorizedRick Hasen

New from R Street: In the past several years, various states across the country have experienced delays in reporting their election results. These delays have been especially scrutinized in slow-counting jurisdictions when the window of time between the polls closing… Continue reading

“The No Labels Party’s Radical New Plan to Force a Contingent Election”

October 24, 2023, 7:25 amballot access, political partiesRick Hasen

Third Way memo (via Playbook): Since they launched their third-party presidential effort last year, the No Labels Party has repeated a central refrain: “our bipartisan ticket, led either by a Democrat or a Republican, will not be a spoiler—we are… Continue reading

Trump Bizarrely Tells Rallygoers: “Don’t Worry About Voting. We’ve Got Plenty of Votes”

October 24, 2023, 7:21 amUncategorizedRick Hasen

Strange comments.

“With another election cycle underway, officials aim to quell fears of voter fraud, rigging”

October 24, 2023, 7:20 amUncategorizedRick Hasen

USA Today: Ahead of another election cycle that is already shaping up to be contentious, federal and state election officials are in the midst of campaigns of their own to convince wary voters about the integrity of casting their ballots.… Continue reading

Jenna Ellis Pleads Guilty in Georgia to 2020 Attempted Election Subversion

October 24, 2023, 7:17 amfraudulent fraud squadRick Hasen

Atlanta Journal-Constitution: Attorney Jenna Ellis on Tuesday became the fourth defendant in the Fulton County election interference case to strike a deal with prosecutors. In exchange for her cooperation, Ellis pleaded guilty to one count of aiding and abetting… Continue reading