Thank You to the ELB Contributors and to Our Readers, and a Look to 2024

December 29, 2023, 4:47 amUncategorizedRick Hasen

As I’ve been traveling internationally over the last few weeks, I’ve had ELB contributors Derek Muller and Spencer Overton doing the major daily work that it takes to produce ELB. This should ordinarily be a sleepy time for election law… Continue reading

My 2023 Opeds and Commentaries (and Moving 2022 Commentaries to the Archives)

December 29, 2023, 4:36 amUncategorizedRick Hasen

Here are the 2023 commentaries, in reverse chronological order: Terrifying Reports About Trump’s Plans for a Second Term Have One Bright Spot, Slate, November 7, 2023 The Supreme Court Needs to Make a Call on Trump’s Eligibility, The Atlantic, September… Continue reading

Maine Secretary of State, Piggybacking on the Reasoning of the Recent Colorado Supreme Court Decision, Finds Trump Disqualified and Orders Him Off Primary Ballot (But Decision Stayed for Judicial Review)–Makes SCOTUS Review of Issue More Likely

December 28, 2023, 4:12 pmballot access, election subversion riskRick Hasen

You can find the 34-page decision of the Maine Secretary of State at this link. Much of the reasoning of this decision tracks the analysis of the Colorado Supreme Court in Anderson. As Derek has suggested, the Colorado decision… Continue reading

Breaking: Federal District Court Holds that Georgia’s New Congressional Redistricting Plan Complies with Remedial Order in Voting Rights Case, Rejecting Plaintiffs’ Objections

December 28, 2023, 9:54 amVoting Rights ActRick Hasen

You can find the opinion here. The court in a footnote leaves open the possibility that plaintiffs in a new case could make an argument that the failure to create a coalition district under the Legislature’s new plan in… Continue reading

“Colorado GOP asks U.S. Supreme Court to keep Trump on the ballot”

December 28, 2023, 6:59 amUncategorizedJanuary 6, Section 3Spencer Overton

WaPo: The Colorado Republican Party on Wednesday asked the U.S. Supreme Court to ensure that Donald Trump’s name can appear on the state’s primary ballot after Colorado’s high court said he had engaged in insurrection and was ineligible to… Continue reading

“Don’t blame democracy’s woes on the GOP or ‘tyranny of the minority’”

December 28, 2023, 6:58 amUncategorizedJanuary 6, The Big LieSpencer Overton

Jennifer Rubin in the WaPo: Two of the year’s best books on politics present contrasting diagnoses for what ails American democracy. Liz Cheney’s “Oath and Honor: A Memoir and a Warning” lowers the boom on the mendacious… Continue reading

“Haley declines to say slavery was cause of Civil War”

December 28, 2023, 6:57 amUncategorized15th AmendmentSpencer Overton

The former South Carolina governor’s home state was the first to secede. This could be an easy question to answer in light of the leadership of the Republican Party in ending slavery, ensuring voting rights, and building a multiracial democracy… Continue reading

“As social media guardrails fade and AI deepfakes go mainstream, experts warn of impact on elections”

December 28, 2023, 6:43 amUncategorizedAI, disinformationSpencer Overton

PBS NewsHour: Nearly three years after rioters stormed the U.S. Capitol, the false election conspiracy theories that drove the violent attack remain prevalent on social media and cable news: suitcases filled with ballots, late-night ballot dumps, dead people… Continue reading

“Hochul vetoes controversial campaign finance changes”

December 28, 2023, 6:41 amUncategorizedCampaign finance, public financingSpencer Overton

Times Union: Gov. Kathy Hochul vetoed legislation that would have widened the net of eligible campaign contributions for matching public funds under a new system that is being rolled out in the 2024 elections…. “Signing this bill would effectively… Continue reading

“House Ethics launches investigation into Florida Democrat”

December 28, 2023, 6:39 amUncategorizedCampaign financeSpencer Overton

Politico: The House Ethics Committee announced Wednesday that it’s investigating Florida Democrat Rep. Sheila Cherfilus-McCormick over complaints that she may have violated campaign finance laws, failed to submit required disclosures and carried out improper hiring practices.

“Plaintiffs seek ruling Thursday in state Senate redistricting challenge”

December 28, 2023, 6:38 amUncategorizedredistricting, Voting Rights Act; Section 2Spencer Overton

The Carolina Journal: Plaintiffs challenging North Carolina’s new state Senate election map are asking a federal judge to make a decision Thursday about issuing a preliminary injunction. Critics of the Senate plan filed their latest court document Tuesday evening.… Continue reading

West Virginia Secretary of State and Gubernatorial Candidate Mac Warner Says 2020 Election was “Stolen” Because of . . . Hunter Biden Laptop and Discredited Version of Independent State Legislature Theory

December 28, 2023, 6:22 amfraudulent fraud squadRick Hasen

See this:

Final Version of My Paper, “Nonprofit Law as the Tool to Kill What Remains of Campaign Finance Law: Reluctant Lessons from Ellen Aprill,” Now Available

December 28, 2023, 6:14 amcampaign finance, tax law and election lawRick Hasen

You can read it here, and the citation is 56 Loy. L.A. L. Rev. 1233 (2023). Abstract: This brief Essay was prepared for a festschrift honoring the work of Professor Ellen Aprill. I explain in the Essay how Professor… Continue reading

“A New, and Old, Approach to Constitutional Conventions”

December 28, 2023, 6:11 amUncategorizedRick Hasen

David Pozen: One of the most significant disagreements on Balkinization seems to have reached an impasse. For almost two decades now, Sandy Levinson has been advocating a constitutional convention as a means to reconsider and revamp the Constitution’s most pernicious structural… Continue reading