“Haley declines to say slavery was cause of Civil War”

December 28, 2023, 6:57 amUncategorized15th AmendmentSpencer Overton

The former South Carolina governor’s home state was the first to secede. This could be an easy question to answer in light of the leadership of the Republican Party in ending slavery, ensuring voting rights, and building a multiracial democracy… Continue reading

“As social media guardrails fade and AI deepfakes go mainstream, experts warn of impact on elections”

December 28, 2023, 6:43 amUncategorizedAI, disinformationSpencer Overton

PBS NewsHour: Nearly three years after rioters stormed the U.S. Capitol, the false election conspiracy theories that drove the violent attack remain prevalent on social media and cable news: suitcases filled with ballots, late-night ballot dumps, dead people… Continue reading

“Hochul vetoes controversial campaign finance changes”

December 28, 2023, 6:41 amUncategorizedCampaign finance, public financingSpencer Overton

Times Union: Gov. Kathy Hochul vetoed legislation that would have widened the net of eligible campaign contributions for matching public funds under a new system that is being rolled out in the 2024 elections…. “Signing this bill would effectively… Continue reading

“House Ethics launches investigation into Florida Democrat”

December 28, 2023, 6:39 amUncategorizedCampaign financeSpencer Overton

Politico: The House Ethics Committee announced Wednesday that it’s investigating Florida Democrat Rep. Sheila Cherfilus-McCormick over complaints that she may have violated campaign finance laws, failed to submit required disclosures and carried out improper hiring practices.

“Plaintiffs seek ruling Thursday in state Senate redistricting challenge”

December 28, 2023, 6:38 amUncategorizedredistricting, Voting Rights Act; Section 2Spencer Overton

The Carolina Journal: Plaintiffs challenging North Carolina’s new state Senate election map are asking a federal judge to make a decision Thursday about issuing a preliminary injunction. Critics of the Senate plan filed their latest court document Tuesday evening.… Continue reading

West Virginia Secretary of State and Gubernatorial Candidate Mac Warner Says 2020 Election was “Stolen” Because of . . . Hunter Biden Laptop and Discredited Version of Independent State Legislature Theory

December 28, 2023, 6:22 amfraudulent fraud squadRick Hasen

See this:

Final Version of My Paper, “Nonprofit Law as the Tool to Kill What Remains of Campaign Finance Law: Reluctant Lessons from Ellen Aprill,” Now Available

December 28, 2023, 6:14 amcampaign finance, tax law and election lawRick Hasen

You can read it here, and the citation is 56 Loy. L.A. L. Rev. 1233 (2023). Abstract: This brief Essay was prepared for a festschrift honoring the work of Professor Ellen Aprill. I explain in the Essay how Professor… Continue reading

“A New, and Old, Approach to Constitutional Conventions”

December 28, 2023, 6:11 amUncategorizedRick Hasen

David Pozen: One of the most significant disagreements on Balkinization seems to have reached an impasse. For almost two decades now, Sandy Levinson has been advocating a constitutional convention as a means to reconsider and revamp the Constitution’s most pernicious structural… Continue reading

Colorado Republican Party Files Cert Petition in Case Involving Trump’s Disqualification from the Colorado Primary Ballot

December 28, 2023, 5:12 amballot access, election subversion riskRick Hasen

You can find it here (no docket number yet, via Marty Lederman). Trump is expected to file a separate cert. petition, raising somewhat different issues.

“Michigan Supreme Court Decides Trump Can Stay on Ballot”

December 27, 2023, 7:53 amUncategorizedSection 3Spencer Overton

NYT: The Michigan Supreme Court on Wednesday paved the way for Donald J. Trump to appear on the state’s primary ballot, a victory for the former president in a battleground state. The state’s top court upheld an appeals court… Continue reading

“A Fake Trump Elector in Michigan Told Prosecutors of Regret, Anger”

December 27, 2023, 7:51 amUncategorizedSpencer Overton

NYT: One of the Republicans in Michigan who acted as a fake elector for Donald J. Trump expressed deep regret about his participation, according to a recording of his interview with the state attorney general’s office that was obtained… Continue reading

“Here are the redistricting disputes shaping the battle for House control”

December 27, 2023, 7:48 amUncategorizedredistricting, Voting Rights ActSpencer Overton

CBS News: Election Day 2024 may still be 11 months away, but the first stage of the battle over control of the House is underway, with redistricting fights being waged in courtrooms from Louisiana to New York. In… Continue reading

“Republicans likely to take Wisconsin gerrymandering case back to the U.S. Supreme Court”

December 27, 2023, 7:47 amUncategorizedredistrictingSpencer Overton

Milwaukee Journal Sentinel: Republican lawmakers are likely heading back to the U.S. Supreme Court to defend Wisconsin’s electoral maps that have delivered huge GOP majorities for years. But they’ll first have to convince the nation’s high court it has… Continue reading

“Republicans Launch Two-Pronged Attack Against Voting Rights Act”

December 27, 2023, 7:45 amUncategorizedVoting Rights Act; Section 2Spencer Overton

TPM: In their endless quest to further defang the Voting Rights Act and gerrymander their way into permanent control, Republican officials have launched a double-headed attack on the landmark civil rights law. The new attacks emerge as Republican politicians… Continue reading