“Efforts to combat disinformation in retreat as voters head to the polls”

November 2, 2024, 11:04 amcheap speech, election subversion risk, fraudulent fraud squadRick Hasen

WaPo: During the chaos after the 2020 election, tech companies erected unprecedented defenses to prevent misinformation from spreading on their platforms. Twitter’s Trust and Safety team added fact-checking labels to false claims about the election and blocked some of then-President… Continue reading

Might the PA Provisional Ballots Issue and the Independent State Legislature Claim Come Back to the Supreme Court?

November 2, 2024, 10:11 amUncategorizedRichard Pildes

The RNC must have known the Genser case was a long shot as a means to get the Supreme Court to address this issue. The case did not directly involve the 2024 election. It involved a primary election that had… Continue reading

Please Stop Wishcasting the Supreme Court into a Decisive Election Role

November 2, 2024, 12:19 amBush v. Gore reflections, election administration, election law and constitutional law, Election Meltdown, Supreme Court, The Voting Wars, votingJustin Levitt

Justin here. There’s a tsunami of election litigation cascading through the legal system right now. It’s producing a lot of public anxiety, in part because it’s designed to produce a lot of public anxiety. But none of the current litigation… Continue reading

“Rich Bernstein: The Fifth Circuit Was Wrong–Counting Timely-Cast Remote Votes That Are Received After Election Day is as Old as the Founding”

November 1, 2024, 4:53 pmUncategorizedRick Hasen

Smart analysis of a laughable decision.

Breaking: U.S. Supreme Court Won’t Give Relief in Naked Ballots Case (Updated Post)

November 1, 2024, 3:43 pmUncategorizedRick Hasen

You can find the order here. What’s most notable is Justice Alito, purportedly applying Moore v. Harper’s anti-arrogation principle, saying that the interpretation here would clearly violate the power of the state legislature: “The applicants contend that this interpretation… Continue reading

Major Breaking News: Pennsylvania Supreme Court, with No Noted Dissents, Shuts Down Argument Under State Constitutional Law for Counting of Misdated/Undated But Timely Mail-In Ballots Before Election

November 1, 2024, 3:28 pmabsentee ballots, Supreme CourtRick Hasen

In an unsigned order with no noted dissents, the PA Supreme Court has removed the considerable uncertainty that was generated when the lower court (the Commonwealth Court) issued an opinion holding that misdated or undated but timely mail-in ballots must… Continue reading

“Election workers quit in Shasta as self-appointed observers roam office”

November 1, 2024, 1:44 pmchicaneryRick Hasen

CalMatters: On Wednesday, as the workers of the Shasta County Registrar of Voters office busily sifted through the ballots that have already been cast, they had company. A group of nine people, holding clipboards and taking notes, stood in a… Continue reading

Pennsylvania State Court Issues Order to Deal with Ballot Snafus in Erie, Pennsylvania

November 1, 2024, 1:34 pmelection administrationRick Hasen

From a quick glance this all seems sensible.

After Losing in Lower Courts, Republicans Go to North Carolina Supreme Court Seeking to Set Aside Overseas Ballots for Possible Citizenship Check

November 1, 2024, 1:26 pmUncategorizedRick Hasen

Hansi Lo Wang reports. Petition.

“Republicans more skeptical than Democrats of nationwide election vote counts, AP-NORC poll finds”

November 1, 2024, 11:15 amUncategorizedRick Hasen

AP: The nation’s deep partisan divisions extend to trust in the vote tallies for this year’s election, as a new poll finds that Republicans are much more skeptical than Democrats that ballots will be counted accurately. Voters generally show… Continue reading

“Russia behind video claiming election fraud in Georgia, intelligence officials say”

November 1, 2024, 11:12 amcheap speech, chicaneryRick Hasen

AJC: A video circulating on social media claiming that people from Haiti voted illegally in Georgia is “targeted disinformation” meant to create doubt in the election, said Secretary of State Brad Raffensperger. “This is false, and is an example… Continue reading

“Nate Persily’s mini museum of election history”

November 1, 2024, 11:05 amelection law bizRick Hasen

A timeline cleanse that’s fun.

The Time of Choosing Clause and its constraint on more outlandish Electoral College scenarios

November 1, 2024, 10:51 amelectoral collegeDerek Muller

There have been some doomsday scenarios about activities state legislature might engage in after Election Day. A little context (and a long blog post!) may help explain why state legislatures are not free to do whatever they’d like, contrary to… Continue reading

“Federal judge allows proof of citizenship requirement for naturalized Ohioans challenged at polls”

November 1, 2024, 10:30 amelection administrationRick Hasen

Ohio Capital Journal: A federal district judge in Ohio has given the green light to a requirement that naturalized Ohio U.S. citizens show proof of citizenship to cast a ballot. In 2006, the same judge determined a statute requiring challenged… Continue reading

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The law of politics and the politics of law