“Disrupting Election Day: Reconsidering the Purcell Principle as a Federalism Doctrine”

October 21, 2024, 10:59 amSupreme CourtRick Hasen

Casey Schmidt has written this student note for the Virginia Law Review. Here is the abstract: The Purcell Principle—the doctrine that courts should refrain from changing election rules during the period of time close to an election—has long been misconstrued.… Continue reading

“Could Trump undermine the vote again? Harris’s legal team says it’s prepared”

October 21, 2024, 6:32 amUncategorizedRick Hasen

WaPo: Former president Donald Trump and his allies have filed hundreds of lawsuits, with more to come, seeking to tighten voting rules or disqualify voters. Security experts have gamed out how to restore order quickly if unrest at polling… Continue reading

“1 in 5 Republicans want Trump to call election invalid if he loses” (and 12% of Democrats Say About Harris)

October 21, 2024, 6:27 amUncategorizedRick Hasen

Axios: Nearly one in five Republicans say that if Donald Trump loses the 2024 election, he should declare the results invalid and do whatever it takes to assume office, according to a new national survey. Why it matters: The growing… Continue reading

“What Fox News’ Decision Desk Chief Expects for the 2024 Election”

October 21, 2024, 6:25 amUncategorizedRick Hasen

Politico: The man who may call the winner of the 2024 presidential election is ready to make a prediction for at least when the news will come. “The over/under is Saturday,” said Arnon Mishkin, the head of Fox News’ decision desk. “Which… Continue reading

“The GOP has been using a campaign finance loophole to save on TV ads. Now Dems are getting in on it.”

October 21, 2024, 6:23 amcampaign financeRick Hasen

Politico: Democrats are starting to use a campaign finance loophole to save big bucks on TV advertising — after failing to stop Republicans from doing the same. Earlier this month, the Federal Election Commission deadlocked on a case brought forth… Continue reading

“Protecting Your Vote: Nevada’s ‘swingiest’ county emerges as key battleground in election certification fight”

October 21, 2024, 6:21 amchicanery, election subversion riskRick Hasen

ABC News: Politicos in Washoe County, Nevada, proudly refer to their home as “the swingiest county in the swingiest state,” where voters in the sprawling and sparsely populated swath of desert might very well tilt the scales of a deadlocked … Continue reading

“How Republicans pushed social media companies to stop fighting election misinformation”

October 21, 2024, 6:13 amcheap speech, chicaneryRick Hasen

CNN: Three years ago, major internet platforms including Meta, Twitter and YouTube responded to the January 6, 2021, Capitol riots with decisive action — suspending thousands of accounts that had spread election lies and removing posts glorifying the attack on… Continue reading

“U.S. cybersecurity chief says election systems have ‘never been more secure'”

October 20, 2024, 7:56 pmchicanery, voting technologyRick Hasen

NPR: Amid widespread concerns of outside interference influencing the results this year’s presidential election, the head of the country’s cybersecurity agency says election infrastructure is more secure than ever. State and local election officials across the country have made big… Continue reading

“Clarifying the Possibility of a Contingent Election under the Twelfth Amendment”

October 20, 2024, 7:48 pmelection subversion riskRick Hasen

Smart Andy Craig at Cato: The law makes this distinction clear, carefully tracking the Constitution’s text. 3 USC §15(e)(2) provides that the whole number of electors is reduced only if a state has failed to appoint the number of electors… Continue reading

“The Fight Over Ballots Has Already Begun in Wisconsin”

October 20, 2024, 8:47 amelection administration, The Voting WarsRick Hasen

NYT reports.

“Is It Time to Have Real Universal Suffrage in the United States?” (Paul Finkelman Review of “A Real Right to Vote”)

October 20, 2024, 8:46 amUncategorizedRick Hasen

Paul Finkelman has written this review of my book, A Real Right to Vote, for the Los Angeles Review of Books. A snippet: AS WE MAKE our way to the November election, Richard L. Hasen’s new book A Real Right… Continue reading

“Pennsylvania Gov. Shapiro: Law enforcement should ‘take a look at’ Elon Musk voter payments”

October 20, 2024, 8:31 amvote buyingRick Hasen

Alexandra Marquez for NBC News: Pennsylvania Gov. Josh Shapiro on Sunday said that tech mogul Elon Musk’s plan to give money to registered voters in Pennsylvania is “deeply concerning” and “it’s something that law enforcement could take a look at”… Continue reading

“Republicans and Democrats are both preparing for long legal battles over the 2024 election results”

October 20, 2024, 7:39 amThe Voting WarsRick Hasen

AP reports.

“The Very Real Scenario Where Trump Loses and Takes Power Anyway”; John Eastman Quoted Saying ECRA is Unconstitutional (It’s Not)

October 20, 2024, 7:33 amelection subversion riskRick Hasen

Politico: Dozens of interviews with people deeply familiar or involved with the election process point to a clear consensus: Not only could Trump make a second attempt at overturning an election he loses, he and his allies are already laying… Continue reading

Election Law Blog

The law of politics and the politics of law