“Giuliani and election fraud promoters didn’t vet claims, new court documents show”

July 13, 2023, 4:31 amelection subversion riskDan Tokaji

From CNN, more on the recent filings in the defamation lawsuit against Giuliani: New court filings in a defamation lawsuit against Rudy Giuliani show the promoters of the election fraud narrative after Donald Trump lost the presidency failed to… Continue reading

“Justice Department Challenges Racially Discriminatory Provisions of New Mississippi Law Targeting Hinds County”

July 13, 2023, 4:21 amDepartment of JusticeDan Tokaji

You can find the complaint here. From DOJ’s press release: The Justice Department filed a complaint today challenging portions of Mississippi House Bill 1020 (H.B. 1020), which mandates the appointment of special judges and prosecutors by Mississippi state officials… Continue reading

The Free 2023 Supplement to Lowenstein, Hasen, Tokaji, and Stephanopoulos, Election Law–Cases and Materials (7th Edition) is Now Available

July 12, 2023, 9:50 ampedagogyRick Hasen

You can download the free Supplement here. The Supplement is current through the Supreme Court’s October 2022 term ending June 30, 2023, and includes an edited version of the U.S. Supreme Court’s decision in Moore v. Harper, analysis of… Continue reading

“Former FTX Executive Linked to Campaign-Finance Probe of New York GOP Race”

July 12, 2023, 4:48 amcampaign financeDan Tokaji

WSJ: Federal prosecutors in Manhattan are investigating former FTX executive Ryan Salame and his girlfriend, ex-congressional candidate Michelle Bond, for possible violations of campaign-finance law, according to people familiar with the matter. The probe is examining whether the couple… Continue reading

“Did Utah’s congressional map go too far? Utah Supreme Court hears the case.”

July 12, 2023, 4:44 amredistrictingDan Tokaji

The Salt Lake Tribune reports on yesterday’s oral argument in League of Women Voters v. Utah State Legislature, concerning whether excessive partisan gerrymandering violates the state constitution.

“Georgia election workers say Giuliani failed to turn over key evidence in defamation suit”

July 12, 2023, 4:34 amelection subversion riskDan Tokaji

Politico: “[Atlanta poll workers] Freeman and Moss — now in the midst of a long-running defamation lawsuit against Giuliani — say in new court filings that Giuliani failed to turn over evidence . . . despite multiple court orders… Continue reading

“False election claims have damaged GOP confidence in vote count, AP-NORC poll says”

July 12, 2023, 4:21 amelection subversion riskDan Tokaji

PBS News Hour: Few Republicans have high confidence that votes will be tallied accurately in next year’s presidential contest, suggesting years of sustained attacks against elections by former President Donald Trump and his allies have taken a toll, according… Continue reading

“Republicans plan efforts to tout early voting tactics they once vilified”

July 12, 2023, 4:18 amabsentee ballotsDan Tokaji

WaPo: Former president Donald Trump and Republican allies have long vilified mail-in voting and what is called ballot harvesting, alleging without presenting evidence that the practices are rife with fraud and encouraging Republicans to vote in person instead. .… Continue reading

“DeSantis’s Striking, Risky Strategy: Not Trying to Trick Small Donors”

July 12, 2023, 4:13 amcampaign financeDan Tokaji

NYT: No phony deadlines, Mr. DeSantis has promised donors. No wildly implausible pledges that sizable contributions will be matched by committees affiliated with the campaign. And no tricking donors into recurring donations. This strategy is one of the subtle… Continue reading

“Oregon Wants to Register Medicaid Recipients to Vote. Will Biden Officials Allow It?”

July 12, 2023, 4:09 amvoter registrationDan Tokaji

Bolts reports on House Bill 2107, which “would instruct state Medicaid offices to automatically register people to vote when they open or renew a health plan.”

Civics Center Report on Voting by 18-year-olds in New Hampshire

July 12, 2023, 4:01 amvoter registrationDan Tokaji

The report concludes that “the state’s restrictive voter registration rules significantly harm youth efforts to participate in the political process.”

APSA and Protect Democracy Report on Political Parties

July 12, 2023, 3:55 ampolitical partiesDan Tokaji

APSA and Protect Democracy have issued a new report entitled “More than Red and Blue: Political Parties and American Democracy.” From the press release: A new report released today by the American Political Science Association (APSA) and Protect Democracy… Continue reading

AP Series on Supreme Court Ethics

July 12, 2023, 3:48 amSupreme CourtDan Tokaji

The A.P. has released a series of stories on the ethics practices of Supreme Court justices, relying on more than 100 public records requests to colleges and universities. (Disclosure: my university was among those that received a request.) You can… Continue reading

Social Choice Theory, the Independent State Legislature Theory, Insincere Voting, and the Missing Liberal Dissents in Moore v. Harper

July 11, 2023, 1:48 pmSupreme Court, theoryRick Hasen

As I have explained, although the Supreme Court in Moore v. Harper rejected the most extreme version of the independent state legislature theory, it endorsed another theory that amounts to a “time bomb:” It is indeed a cause for… Continue reading