“Trump Escalates Threats to Political Opponents He Deems the ‘Enemy'”

October 16, 2024, 7:25 amauthoritarian threats in US, election subversion riskRick Hasen

NYT: With three weeks left before Election Day, former President Donald J. Trump is pushing to the forefront of his campaign a menacing political threat: that he would use the power of the presidency to crush those who disagree… Continue reading

“Nebraska Supreme Court Orders Elections Officials to Let Thousands of Nebraskans with Felony Convictions Vote”

October 16, 2024, 7:23 amfelon votingRick Hasen

Release via email: The Nebraska Supreme Court issued a ruling today that orders elections officials to let Nebraskans with past felony convictions vote. The decision stems from a lawsuit challenging Nebraska Secretary of State Robert Evnen’s directive ordering county elections officials… Continue reading

Elon Musk’s Latest Offer of Free Admission to Hear His Speech in Exchange for Having Voted in Pennsylvania Likely Violates Federal Prohibition on Vote Buying

October 16, 2024, 7:16 amvote buyingRick Hasen

Here is what Elon Musk tweeted last night: This is likely illegal, because in a federal election one cannot give anything of value in exchange for someone agreeing to turn out to vote. It is not necessary to offer that… Continue reading

“Georgia won’t count ballots by hand on election night, judge rules”

October 16, 2024, 7:06 amUncategorizedRick Hasen

AJC: A judge stopped a planned hand count of ballots on election night in Georgia, ruling Tuesday that it would create “administrative chaos” if poll workers were required to conduct the manual review without being trained. Fulton County Superior Court… Continue reading

“Big Money Flowed to Pro-Trump Groups in the Past Three Months; Three people — Elon Musk, Miriam Adelson and Dick Uihlein — put a combined $220 million into groups supporting Donald J. Trump in July, August and September.”

October 16, 2024, 6:59 amcampaign finance, Plutocrats UnitedRick Hasen

NYT reports.

“Dark Money: Can Billionaires Buy Elections in America?”

October 16, 2024, 6:57 amcampaign financeRick Hasen

Podcast with Ciara Torres-Spelliscy and Brody Mullins, interviewed by Adam Smith.

The Electoral Count Reform Act Prohibits Congress From Rejecting a State’s Electoral Votes Based on Congress’ “View” about a State’s Voting Process

October 16, 2024, 5:39 amUncategorizedRichard Pildes

As we get closer to the election, a lot of misinformation about the all-important Electoral Count Reform Act (ECRA) is beginning to rear its head. This is the statute that defines Congress’ role when it receives and counts the electoral… Continue reading

“More Than 165 Lawsuits Are Already Shaping the 2024 US Presidential Election”

October 15, 2024, 4:42 pmelection administration, The Voting WarsRick Hasen

Very helpful and detailed analysis by Bloomberg of the shape of litigation today. My anecdotal sense so far is that while the volume is high, the substantive significance and chances of success of many of the late filed suits is… Continue reading

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

October 15, 2024, 3:23 pmELB Podcast, electoral collegeRick Hasen

Welcome to Season 6, Episode 2 of the ELB Podcast: Why do we have the Electoral College and is its use justified today? Why do Democrats and Republicans think differently about the Electoral College? Does the Electoral College make it… Continue reading

D.C. Circuit Will Rehear En Banc the End Citizens United PAC Case Holding that Dismissals of FEC Complaints are Unreviewable Exercises of Prosecutorial Discretion

October 15, 2024, 3:04 pmcampaign financeRick Hasen

The controversial 2-1 decision is here. The en banc order wiping this out and setting it for briefing and oral argument is here. More background and documents from the FEC.

“Judge questions new Georgia hand-count rule. Why not hold off?”

October 15, 2024, 2:50 pmelection administrationRick Hasen

AJC: A judge voiced skepticism Tuesday of a last-minute requirement for a hand count of the number of ballots on election night, suggesting it might be better to ensure “nonchaotic, stable, predictable, fair and transparent” elections. Fulton County Superior Court… Continue reading

Justice Gorsuch’s Fishy Story

October 15, 2024, 1:00 pmchicanery, Supreme CourtRick Hasen

Quite the flaying (fileting?) from Anush Khardori of Politico Magazine: It does not take long — the first chapter — before Gorsuch misleads the reader in Over Ruled. He is discussing the case of John Yates, a commercial fisherman who… Continue reading

“Arizona lawyers keep distance from GOP’s ‘election integrity’ operation amid concern over Kari Lake’s fraud claims”

October 15, 2024, 12:56 pmelection law biz, fraudulent fraud squadRick Hasen

NBC News: Multiple Republican lawyers in Arizona say they and others who were involved in the party’s election litigation efforts in past cycles are keeping their distance this time around, in large part because of Senate candidate Kari Lake’s history… Continue reading

“Trump Leans On Creative Bookkeeping to Keep Up in Cash Race”

October 15, 2024, 12:54 pmcampaign financeRick Hasen

NYT: Donald J. Trump’s political operation has been taking extraordinary measures in a bid to stay financially competitive with Vice President Kamala Harris, deploying aggressive and creative accounting strategies that test the legal limits of how far a candidate can… Continue reading