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  • Rick Hasen
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“Ten years of a crippled Voting Rights Act: how states make it harder to vote”

June 26, 2023, 7:34 amSupreme Court, Voting Rights ActRick Hasen
Sam Levine and Kira Lerner for The Guardian: In 2013, the US supreme court gutted the pre-clearance requirement in a landmark case called Shelby county v Holder. In a 5-4 ruling, Chief Justice John Roberts wrote that the Voting… Continue reading

“Oregon lawmakers send ranked choice voting proposal to November 2024 ballot”

June 26, 2023, 6:56 amalternative voting systemsRick Hasen
KTVZ: The Oregon Legislature on Sunday’s final day of the session passed House Bill 2004, which puts a proposal to move to ranked choice voting for federal and statewide races on the statewide ballot in November 2024.

Breaking: Supreme Court Dismisses Louisiana Voting Rights Act Cert Grant, Sends Case Back to 5th Circuit to Resolve “in Advance of the 2024 Congressional Elections”

June 26, 2023, 6:36 amUncategorizedRick Hasen
The Court had initially agreed to hear this case finding a voting rights violation in the failure to draw another majority-minority district in Louisiana, but now dismisses the cert. grant as improvidently granted after the Court’s decision in Milligan last… Continue reading

“GOP state legislatures seek greater control over state and local election offices”

June 25, 2023, 1:09 pmUncategorizedRick Hasen
AP: Lawmakers in several Republican-led states have been looking to exert more authority over state and local election offices, claiming new powers that Democrats warn could be used to target left-leaning counties in future elections. The moves range from requiring… Continue reading

“As Legal Fees Mount, Trump Steers Donations Into PAC That Has Covered Them”

June 25, 2023, 1:06 pmcampaign finance, campaigns, chicaneryRick Hasen
NYT: Facing multiple intensifying investigations, former President Donald J. Trump has quietly begun diverting more of the money he is raising away from his 2024 presidential campaign and into a political action committee that he has used to pay his… Continue reading

“The super PAC frenzy redefining campaign operations”

June 25, 2023, 1:01 pmcampaign finance, campaignsRick Hasen
Politico: Super PACs have been growing in strength for more than a decade, but this cycle are swimming in more money than ever. They have started earlier, with more than $14 million in independent expenditures in the primary already, according… Continue reading

“A.I.’s Use in Elections Sets Off a Scramble for Guardrails”

June 25, 2023, 1:00 pmcampaigns, cheap speechRick Hasen
NYT: What began a few months ago as a slow drip of fund-raising emails and promotional images composed by A.I. for political campaigns has turned into a steady stream of campaign materials created by the technology, rewriting the political playbook… Continue reading

July ELB Blogging Schedule

June 25, 2023, 12:57 pmUncategorizedRick Hasen
Thanks to Ned Foley for blogging these past two weeks. I’m back with you this week, as the Supreme Court finishes its term. I will also be blogging the week of July 3 (updated), and Dan Tokaji will be blogging… Continue reading

“Today’s Senate: Less debate, fewer votes and taking forever to do it”

June 24, 2023, 12:31 pmlegislation and legislaturesRick Hasen
Paul Kane for WaPo: The world’s greatest deliberative body, as senators like to call their club, is not living up to that moniker: they’re voting less often and taking longer to hold those roll calls, while debating the issues far… Continue reading

“Former Trump Campaign Official in Talks to Cooperate in Jan. 6 Inquiry”

June 23, 2023, 4:58 pmchicanery, election subversion risk, electoral collegeRick Hasen
NYT: Michael Roman, a top official in former President Donald J. Trump’s 2020 campaign, is in discussions with the office of the special counsel Jack Smith that could soon lead to Mr. Roman voluntarily answering questions about a plan to… Continue reading

“Death threats and harassment: 2024 election workers already are scared”

June 23, 2023, 1:50 pmchicanery, election administrationRick Hasen
NPR News reports.

“Pro-RFK Jr. Super PAC Has Deep Ties to Marjorie Taylor Greene, George Santos”

June 23, 2023, 11:39 amcampaign financeRick Hasen
Rolling Stone: There’s nothing abnormal about a candidate getting a super PAC, even a candidate making a longshot bid like Kennedy’s. What is abnormal, however, is that Kennedy is running as a Democrat in the Democratic primary, while the creators… Continue reading

“Exclusive: Special counsel trades immunity for fake elector testimony as Jan 6 probe heats up”

June 23, 2023, 9:40 amchicanery, election subversion riskRick Hasen
CNN: Special counsel Jack Smith has compelled at least two Republican fake electors to testify to a federal grand jury in Washington in recent weeks by giving them limited immunity, part of a current push by federal prosecutors to swiftly… Continue reading

Atlanta Journal-Constitution & AP on Georgia voting machine debate

June 23, 2023, 9:38 amUncategorizedNed Foley
In light of the POLITICO story posted earlier today, a reader points to two recent stories in the Atlanta Journal-Constitution on the same topic, one behind a paywall and the other not: “Georgia officials lay out obstacles to updating … Continue reading

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Election Law Blogger

Rick Hasen

Gary T. Schwartz Endowed Chair in Law and Professor of Political Science
UCLA School of Law
Director, Safeguarding Democracy Project

Contributors

Tabatha Abu El-Haj

Professor of Law, Drexel University Thomas R. Kline School of Law
@tabathaabuelhaj
View posts ›

Guy-Uriel E. Charles

Charles J. Ogletree Jr. Professor of Law, Harvard Law School
View posts ›

Travis Crum

Professor of Law, Washington University School of Law
View posts ›

Edward B. Foley

Ebersold Chair in Constitutional Law, The Ohio State University
View posts ›

Justin Levitt

Professor of Law at LMU Loyola Law School, Los Angeles
View posts ›

Derek T. Muller

Professor of Law, Notre Dame Law School
View posts ›

Spencer A. Overton

Professor of Law,
The George Washington University Law School
View posts ›

Richard H. Pildes

Sudler Family Professor of Constitutional Law, NYU School of Law
View posts ›

Nicholas Stephanopoulos

Kirkland & Ellis Professor of Law, Harvard Law School
View posts ›

Dan Tokaji

Fred W. & Vi Miller Dean and Professor of Law
University of Wisconsin Law School
View posts ›

Franita Tolson

Dean and Carl Mason Franklin Chair in Law at USC Gould School of Law
View posts ›

Recent Books by Rick Hasen

A Real Right to Vote

A Real Right to Vote

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy
Now available from Princeton University Press!
Read the Kirkus Review

Book tour information
Watch book discussion on Morning Joe
Order at Amazon, Barnes and Noble, Bookshop

Cheap Speech: How Disinformation Poisons Our Politics–and How to Cure It

Cheap Speech: How Disinformation Poisons Our Politics–and How to Cure It

Cheap Speech: How Disinformation Poisons Our Politics--and How to Cure It (Yale University Press, 2022)
Cheap Speech book website

Named one of the best books on disinformation by the New York Times

Election Law–Cases and Materials

Election Law–Cases and Materials

Election Law–Cases and Materials (7th edition, Carolina Academic Press, 2022) (with Daniel Hays Lowenstein, Daniel P. Tokaji, and Nicholas O. Stephanopoulos)

2025 Casebook Supplement (Free)

Election Meltdown

Election Meltdown book cover

Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy
(Yale University Press, 2020)

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations (2d ed. Wolters Kluwer, 2020)

Recent ELB Podcast Episodes

The ELB Podcast

The ELB Podcast

Season 6, Episode 8 Danielle Lang: Is Trump’s Executive Order on Voting a Threat to Democracy?

Season 6, Episode 7,
Combatting False Election Information: Lessons from 2024 and a Look to the Future (Marwick, Starbird, Tucker)

Season 6, Episode 6, What Do Documentary Proof of Citizenship Laws Accomplish? (Fontes, Olson, Perales)

Season 6, Episode 5, Fair Elections and Voting Rights: What's Ahead for the Next Four Years? (Gardner, Karlan, Richer)

Season 6, Episode 4, Katie Harbath: The Present and Future of Social Media, Politics, and Elections

Season 6, Episode 3, From Nov. 5 to Jan. 6: Are We Prepared for a Fair and Safe Election? (Ginsberg, Diamond, Kleinfeld, Tolson)

Season 6, Episode 2, The United States Electoral College and Fair Elections (Fishkin, Hollis-Brusky, Muller)

Season 6, Episode 1, Democracy and the Risks to the 2024 Elections (Aden, Fortier, & Roth)

More podcast episodes ›

Recent Op-Eds & Commentaries by Rick Hasen

Two Supreme Court Justices Invited an Outright Assault on Democracy. Now It’s Here, Slate, May 14, 2025

America Needs More Judges Like Judge Myers, The Atlantic, May 7, 2025

We’re Getting Dangerously Close to a Losing North Carolina Candidate Being Declared the Winner, Slate, Apr. 14, 2025

What Elon Musk Won in Wisconsin, Slate, Apr. 3, 2025

The Ultrarich Have Reshaped Presidential Elections. Here’s Where They’re Looking Next, Slate, Mar. 27, 2025

Trump’s Executive Order on Elections is a Blatant Power Grab, MSNBC Opinion, Mar. 26, 2025

One Possible Explanation for Judge Merchan’s Last-Minute Decision to Sentence Trump, Slate, Jan. 3, 2025 (with Jeremy Stahl)

Voting in the U.S. Shouldn’t Be This Hard, MSNBC Opinion, Nov. 5, 2024

Thousands of Pennsylvania Ballots Will Be Tossed on a Technicality. Thanks SCOTUS, Slate, Nov. 4, 2024

Why the “Blue Shift” Everyone Seems to Have Forgotten About Might Be More Dangerous This Time, Slate, Oct. 24, 2024

Elon Musk Might Have Broken the Law Against Bribing Voters. Whoops!, Slate, Oct. 16, 2024

Two Big Questions Raised by Elon Musk’s Trumpian Transformation of X, MSNBC Opinion, Oct. 14, 2024

Why the Supreme Court May Not Decide the 2024 Election After All, Slate, Oct. 10, 2024

Jack Smith’s Big New Jan. 6 Brief is a Major Indictment of the Supreme Court, Slate, Oct. 2, 2024

A Last-Minute Effort to Mess with the 2024 Vote is Underway. It’s Scarier Than Expected, Slate, Sept. 20, 2024

Why It Will Be Harder for Trump to Challenge This Year’s Election, Wall Street Journal, Aug. 29, 2024

Democrats Sure Aren’t Acting as If Trump Beating Biden is an Existential Threat to Democracy, Slate, July 10, 2024

Kamala Harris Replacing Joe Biden is not Antidemocratic, Slate, July 22, 2024

Trump Immunity Ruling Will Be John Roberts’ Legacy to American Democracy, Slate, July 1, 2024

Trump Immunity Ruling Will Be John Roberts’ Legacy to American Democracy, Slate, July 1, 2024

The First Amendment Just Dodged an Enormous Bullet at the Supreme Court, Slate, July 1, 2024

That Big Jan. 6 Supreme Court Decision is Not the Big Win for Trump People Think It Is, Slate, June 28, 2024

A Democratic Super PAC’s New Trump Ad Might Be Borderline Criminal, Slate, June 26, 2024

Why It’s Hard to Muster Even a ‘Meh’ Over Trump’s New York Criminal Trial, Los Angeles Times, April 14, 2024

2016 Election Fraudster ‘Ricky Vaughn’ Might Finally Be About to Face the Music, Slate, April 1, 2024

The Supreme Court Just Delivered a Rare Self-Own for John Roberts, Slate, March 5, 2024

It’s Past Time to Quit Hoping the Courts are Going to Stop Trump, Slate, March 4, 2024 (with Dahlia Lithwick)

The Biggest Supreme Court Case Nobody Seems to Be Talking About, Slate, February 23, 2024

How to Actually Guarantee the Right to Vote: A Six-Point Checklist, The Atlantic, February 13, 2024

A Grand Bargain is Emerging in the Supreme Court’s Trump Cases, But Chaos May be Ahead, Slate, February 8, 2024

Donald Trump is Asking the Supreme Court for the Bush v. Gore Treatment, Slate, February 7, 2024

Trump’s Lawyers Made Some Very Odd Strategic Choices in the Supreme Court Ballot Case, Slate, January 29, 2024

The 2024 Election Will Be Fair. People Still Won’t Believe It, Politico, January 25, 2024

The U.S. Lacks What Every Democracy Needs, New York Times, January 16, 2024

 

More op-eds and commentaries by Rick ›

Recent Academic Articles and Working Papers by Rick Hasen

Faux Campaign Finance Regulation and the Pathway to American Oligarchy (conference paper dated Apr. 24, 2025, draft available, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5229707)

Bush v. Gore‘s Ironic Legacy, 53 Florida State University Law Review (forthcoming 2026), draft available, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5188686

Reckoning with the Undead Irreparable Injury Rule, Review of Litigation (forthcoming 2025), draft available, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4901755

The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law, 134 Yale Law Journal 1673 (2025)

From Bloggers in Pajamas to The Gateway Pundit: How Government Entities Do and Should Identify Professional Journalists for Access and Protection, forthcoming in THE FUTURE OF PRESS FREEDOM: DEMOCRACY, LAW & THE NEWS IN CHANGING TIMES (Cambridge U. Press, RonNell Andersen Jones and Sonja R. West eds. forthcoming 2025)

States as Bulwarks Against, or Potential Facilitators of, Election Subversion, in Our Nation at Risk: Election Integrity as a National Security Issue (Karen Greenberg and Julian Zelizer, eds. NYU Press, 2024)

Election Reform: Past, Present, and Future in Oxford Handbook of American Election Law (Eugene Mazo, ed., 2024)

Nonprofit Law as a Tool to Kill What Remains of Campaign Finance Law: Reluctant Lessons from Ellen Aprill, 56 Loyola of Los Angeles Law Review 1233 (2023) (festschrift symposium honoring Ellen Aprill)

Identifying and Minimizing the Risk of Election Subversion and Stolen Elections in the Contemporary United States, 135 Harvard Law Review Forum 265 (2022)

Research Note: Record Election Litigation Rates in the 2020 Election: An Aberration or a Sign of Things to Come?, Election Law Journal, https://www.liebertpub.com/doi/epdf/10.1089/elj.2021.0050 (2022)

Optimism and Despair About a 2020 “Election Meltdown” and Beyond, 100 Boston University Law Review Online 298 (2020) (part of symposium on my book, Election Meltdown)

Three Pathologies of American Voting Rights Illuminated by the COVID-19 Pandemic, and How to Treat and Cure Them, Election Law Journal (2020)

More academic articles by Rick Hasen ›

Recent Books by ELB Contributors

Tokaji & Yablon- Election Law in a Nutshell

Tokaji & Yablon- Election Law in a Nutshell

Election Law in a Nutshell (3d ed., West Academic Publishing, 2024)
by Daniel P. Tokaji & Robert Yablon

Pildes – The Law of Democracy

Pildes – The Law of Democracy

The Law of Democracy: Legal Structure of the Political Process, 6th ed.
(Foundation Press, 2022)
by Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes, Nathaniel Persily, and Franita Tolson

Persily – Social Media and Democracy

Persily – Social Media and Democracy

Social Media and Democracy
(Cambridge Press, 2020)
by Nathaniel Persily and Joshua A. Tucker

Gerkin – The Democracy Index

Gerkin – The Democracy Index

The Democracy Index: Why Our Election System Is Failing and How to Fix It
by Heather K. Gerken
(Princeton University Press 2009)

Podcasts by ELB Contributors

Tolson – Free and Fair Podcast

Tolson – Free and Fair Podcast

Free & Fair with Franita and Foley
Franita Tolson and Edward Foley

Recent Articles by ELB Contributors

Tabatha Abu El-Haj, Networking the Party: First Amendment Rights & the Pursuit of Responsive Party Government, 118 Colum. L. Rev. 1225 (2018).

Bruce E. Cain, Wendy K. Tam Cho, Yan Y. Liu & Emily R. Zhang, A Reasonable Bias Approach to Gerrymandering: Using Automated Plan Generation to Evaluate Redistricting Proposals, 59 Wm. & Mary L. Rev. 1521 (2018).

Edward B. Foley, Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism (May 10, 2021). Ohio State Legal Studies Research Paper No. 61

Anita S. Krishnakumar, Cracking the Whole Code Rule (February 19, 2020). St. John’s Legal Studies Research Paper No. 20-0002, New York University Law Review, Forthcoming

Justin Levitt, Failed Elections and the Legislative Selection of Electors, 96 N.Y.U. L. Rev. 1052 (2021)

Derek T. Muller, Election Subversion and the Writ of Mandamus, William & Mary Law Review (forthcoming)

Spencer Overton, Power to Regulate Social Media Companies to Prevent Voter Suppression. GWU Legal Studies Research Paper No. 2020-23, GWU Law School Public Law Research Paper No. 2020-23, 53 U.C. Davis L. Rev. 1793 (2020)

Nicholas Stephanopoulos, The Sweep of the Electoral Power (October 20, 2020). Constitutional Commentary, Forthcoming, Harvard Public Law Working Paper No. 21-07

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