The other Bush v. Gore issue in Pennsylvania

August 30, 2024, 12:40 pmelection administrationDerek Muller

Rick H. links to the recent Pennsylvania court decision and notes that there could be a Legislature Thereof Clause-style challenge to it, a la Chief Justice Rehnquist’s opinion in Bush v. Gore as ratified in some form in Moore v.… Continue reading

Pennsylvania Court, on 4-1 Vote, Holds That Failing to Count Timely But Undated (or Misdated) Mail-In Ballots Violates the State Constitution; Case Likely Headed to State Supreme Court and Potentially SCOTUS on Federal Cases

August 30, 2024, 11:40 amabsentee ballots, legislation and legislaturesRick Hasen

This decision could be a very big deal in the case of a very close election. And because this is a ruling that the state constitution trumps a state statute when it comes to voting, there will be an issue… Continue reading

“Decision on Georgia election board threatens Kemp’s détente with Trump”

August 30, 2024, 7:24 amUncategorizedRick Hasen

WaPo: Georgia Gov. Brian Kemp (R) has enjoyed an unusually friendly public rapport in recent days with former president Donald Trump. After years of heaping insults on Kemp for refusing to help reverse Joe Biden’s 2020 victory in the… Continue reading

“Group repped by former Trump lawyer questions NC election results, alleges election law violations”

August 30, 2024, 7:18 amfraudulent fraud squadRick Hasen

WRAL: A group represented by a lawyer with ties to former President Donald Trump says North Carolina’s 2022 election results are unreliable due in part to voting machine errors, alleging in court documents that elections officials violated federal laws designed… Continue reading

“Two-thirds of Americans say Trump unprepared to accept the election outcome: POLL”

August 30, 2024, 7:14 amUncategorizedRick Hasen

ABC News: Most Americans say they and Kamala Harris alike are prepared to accept the outcome of the 2024 presidential election as legitimate. Donald Trump, not so much. Eighty-one percent of Americans in a new ABC News/Ipsos poll say… Continue reading

“The 5 Closest Elections in US Presidential History”

August 30, 2024, 4:15 amUncategorizedNed Foley

Dave Roos detailed them at History.com.

“In Georgia, Local Officials Express Frustration Over New Election Rules”

August 29, 2024, 12:41 pmUncategorizedRick Hasen

NYT: The people who run elections in Georgia are angry and frustrated over new state rules that they say will make the process less secure and their jobs more difficult. At a meeting this week in the small city of… Continue reading

Fifth Circuit, in Divided En Banc Decision, Ends Chisom Consent Decree Protecting Black Voters in Louisiana Supreme Court Elections

August 29, 2024, 12:38 pmUncategorizedRick Hasen

You can find the opinion and dissents at this link. Here’s the Remedies Scholars brief in the case in which I participated, which argued against ending the decree under Rule 60(b)(5)’s standards. The en banc court did not address… Continue reading

Pennsylvania Supreme Court Issues Scheduling Order So That Any 2024 Election-Related Challenges Can Be Decided Quickly

August 29, 2024, 11:53 amUncategorizedRick Hasen

This seems like a smart move to do early.

“In Some States, Having a Guardian Means Not Having a Vote”

August 29, 2024, 9:43 amvoters with disabilitiesRick Hasen

NYT reports.

My New Essay in the Wall Street Journal: “Why It Will Be Harder for Trump to Challenge This Year’s Election”

August 29, 2024, 7:16 amelection subversion riskRick Hasen

I have written this Essay for the Wall Street Journal (appearing in print on Saturday). It begins: There are abundant signs that Republican nominee Donald Trump won’t accept the results of the 2024 election if he loses. He has taken… Continue reading

Trump Threatens Mark Zuckerberg with Life in Prison in Upcoming Book

August 29, 2024, 7:11 amauthoritarian threats in USRick Hasen

Politico: Former President Donald Trump writes in a new book set to be published next week that Mark Zuckerberg plotted against him during the 2020 election and said the Meta chief executive would “spend the rest of his life… Continue reading

“Trump shares social media posts with QAnon phrases and calls for jailing lawmakers, special counsel”

August 29, 2024, 7:05 amauthoritarian threats in USRick Hasen

AP: Donald Trump shared more than a dozen posts on his social media network Wednesday that call for the trial or jailing of House lawmakers who investigated the attack on the U.S. Capitol, special counsel Jack Smith and… Continue reading

“There’s a fair way to ensure third-party candidates don’t ‘spoil’ the US election”

August 29, 2024, 7:01 amalternative voting systemsRick Hasen

David Daley Guardian oped: We need a modern fix that recognizes that third parties are here to stay, but also that a nation with a guiding principle of majority rule deserves winners who earn more than 50% of their fellow… Continue reading

Election Law Blog

The law of politics and the politics of law