No, President Trump Can’t Ban Mail in Ballots or Voting Machines, as His Truth Social Post Suggests He Might Try to Do

August 18, 2025, 7:52 amauthoritarian threats in US, election subversion riskRick Hasen

This morning President Trump put out a post on Truth Social that shares some of his usual and debunked conspiracy theories about voter fraud in elections. Part of the post says that he will “lead a movement” to get rid… Continue reading

DOJ increases pressure to vacuum up voter files

August 18, 2025, 7:43 amDepartment of Justice, election administration, voter registrationJustin Levitt

A month ago, I noted that the DOJ’s Civil Rights Division had sent demands to a bunch of states for copies of the voter files. These letters were pretty unusual. I didn’t think DOJ’s ostensible rationale for demanding the files… Continue reading

ELB Book Corner: Karen Sebold: “Why Elon Musk Got Away with His $1 Million Give-Away: Loose Campaign Finance Laws and Even Looser Enforcement”

August 18, 2025, 7:00 amcampaign finance, ELB Book Corner, federal election commissionRick Hasen

I am pleased to welcome Karen Sebold to ELB Book Corner, writing about her new book, Evaluating Campaign Finance Oversight: An Assessment of the Federal Election Commission. (Use that link with code LXFANDF30 for a 30 percent discount). Here is… Continue reading

“Russia is quietly churning out fake content posing as US news”

August 17, 2025, 5:00 pmcheap speechRick Hasen

Politico: A pro-Russian propaganda group is taking advantage of high-profile news events to spread disinformation, and it’s spoofing reputable organizations — including news outlets, nonprofits and government agencies — to do so. According to misinformation tracker NewsGuard, the campaign —… Continue reading

“$5,000-Per-Plate Dinner Tests Museum Ban on Political Fund-Raisers”

August 17, 2025, 4:21 pmtax law and election lawRick Hasen

NYT: At a private event hosted by Senator Dave McCormick, Republican of Pennsylvania, donors wandered through a sculpture hall at the Carnegie Museum of Art in Pittsburgh and partied with their cowboy hats on at a dinner where each plate… Continue reading

“Meet the Lobbyist Fighting Against ‘Perfect Legal’ Corruption in DC”

August 16, 2025, 12:12 pmelection law bizRick Hasen

Dave Levinthal profiles Craig Holman for the Washingtonian” When Craig Holman first came to, he found himself in George Washington University Hospital hooked up to machines. His ribs, hip, and knee were shattered. His ankle, too. He had suffered a… Continue reading

“Newsom’s Gerrymander of California Has a Formidable Foe: Schwarzenegger”

August 16, 2025, 12:05 pmredistrictingRick Hasen

NYT: A day after Gov. Gavin Newsom held a splashy campaign rally to debut his ballot measure to redraw California’s congressional map, Arnold Schwarzenegger walked into a Santa Monica hotel for breakfast on Friday. He was wearing a new custom-made… Continue reading

“NY state Senate candidate allegedly paid homeless people to lie about donations to net matching funds: report”

August 16, 2025, 12:03 pmchicaneryRick Hasen

NY Post: An upstate GOP state senate candidate’s campaign allegedly paid homeless people to claim they made donations to him, allowing him to net matching taxpayer funds, a report says. Several homeless men in Auburn told the Albany Times… Continue reading

“Democrats’ Proposed New California Map Puts Five GOP Seats in Danger”

August 16, 2025, 11:55 amdirect democracy, redistrictingRick Hasen

Cook Political Report: As Texas Republicans appear poised to thwart Democrats’ brief quorum break and pass a brutal new gerrymander, California Democrats’ plans to retaliate with their own aggressive map are coming into view. Democrats’ California proposal is a… Continue reading

The Roberts Court Has Applied the Unitary Executive Branch Doctrine Consistently Across Administrations

August 15, 2025, 12:56 pmUncategorizedRichard Pildes

As most separation of powers/administrative law scholars know, the Roberts Court has consistently applied the unitary executive branch theory (UET) across Democratic and Republican administrations. That theory maintains, at a minimum, that the President must have the power to remove… Continue reading

“Missouri Republicans appear headed to congressional redistricting special session”

August 15, 2025, 11:55 amUncategorizedRick Hasen

St. Louis Public Radio reports.

Texas calls second special session for redistricting

August 15, 2025, 11:19 amelection law and constitutional law, political parties, redistrictingHatch ActJustin Levitt

Gov. Abbott called a second special session Friday morning, calling the legislature into action for a second shot at redistricting maps (and, at least in theory, other issues). The call for the first special session asked the legislature to consider… Continue reading

“Is Section 2 of the Voting Rights Act Unconstitutional?”

August 15, 2025, 7:39 amUncategorizedNicholas Stephanopoulos

Bradley Smith and I talked about Callais and the future of Section 2 in the National Constitution Center’s “We the People” podcast with Jeffrey Rosen. In this episode, Bradley Smith of Capital University Law School and Nicholas Stephanopoulos of Harvard… Continue reading

“Democrats are fighting fire with fire over redistricting – but will democracy burn?”

August 15, 2025, 7:07 amUncategorizedNicholas Stephanopoulos

Sam Levine for the Guardian: “Gerrymandering is bad enough once a decade,” said Richard Pildes, a law professor at New York University. “But if we open the door to continual efforts throughout the decade to squeeze out every additional seat… Continue reading