“Colorado Supreme Court Takes Up Trump’s Eligibility to Be President”

December 6, 2023, 5:44 pmballot access, election subversion riskRick Hasen

NYT: The Colorado Supreme Court heard arguments Wednesday on the question of whether former President Donald J. Trump is barred from holding office again under Section 3 of the 14th Amendment, which disqualifies people who engaged in insurrection against the… Continue reading

Republican Chief Election Officers Write in National Review About 2020 (and Other) Election Lies and Restoring Faith in Election Integrity:

December 6, 2023, 1:42 pmUncategorizedRick Hasen

Michael Adams, Deidre Henderson, Phil McGrane, Brad Raffensperger, Scott Schwab in NRO: There are reasons why some still distrust the system. The main one is the toxic stew of disinformation, misinformation, and deliberate lies for profit or political advantage.… Continue reading

“Pro-Trump electors indicted in Nevada, the third state to issue charges”

December 6, 2023, 12:19 pmelection subversion riskRick Hasen

WaPo: A Nevada grand jury on Wednesday charged six Republicans who claimed to be presidential electors in 2020 and submitted certificates to Congress falsely asserting that former president Donald Trump had won the election in their state. Nevada Attorney General… Continue reading

“Jack Smith: Trump ‘Agent’ Sought To Cause Riot To Disrupt Michigan Vote Count in 2020”

December 6, 2023, 10:07 amchicanery, election subversion riskRick Hasen

The Messenger: Federal prosecutors said Tuesday they intend to present evidence at Donald Trump’s upcoming election-subversion trial that an agent of the former president sought “to cause a riot to disrupt the count” of votes in Detroit after the 2020… Continue reading

“Wisconsin Trump electors settle lawsuit, agree Biden won in 2020”

December 6, 2023, 8:43 amUncategorizedRick Hasen

WaPo: In a legal settlement Wednesday, the 10 Republicans who signed official-looking paperwork falsely purporting Donald Trump won Wisconsin in 2020 have agreed to withdraw their inaccurate filings, acknowledge Joe Biden won the presidency and not serve as presidential electors… Continue reading

“Regulating AI Deepfakes and Synthetic Media in the Political Arena”

December 6, 2023, 8:41 amcampaigns, cheap speechRick Hasen

New analysis from the Brennan Center, echoing many of the recommendations I made in Cheap Speech.

Republican FEC Commissioners Block Investigation into Trump Campaign for 59th Time (29th Rejecting Staff Recommendations)

December 6, 2023, 8:39 amfederal election commissionRick Hasen

From Commissioner Weintraub: Commissioners will continue to exercise prosecutorial discretion – the judicially unreviewable superpower granted to them by the D.C. Circuit Court of Appeals –unless and until the Court reconsiders its rulings in the Commission on Hope, Growth &… Continue reading

“Trump declines to rule out abusing power to seek retribution if he returns to the White House”

December 6, 2023, 8:11 amauthoritarian threats in USRick Hasen

AP: Former President Donald Trump declined to rule out abusing power if he returns to the White House after Fox News Channel host Sean Hannity asked him Tuesday to respond to growing Democratic criticism of his rhetoric. The GOP… Continue reading

“Why big-money super PACs keep blowing it for their candidates”

December 6, 2023, 8:11 amcampaign finance, campaignsRick Hasen

Dave Weigel: It wasn’t surprising that some candidates jumped at the chance to effectively outsource their campaign to a handful of big donors, once that became a clear possibility, rather than relying on fickle small donors and exhausting grip-and-grins with… Continue reading

“‘Test case’ for America: Colorado’s top court poised to weigh Trump’s eligibility to run again”

December 6, 2023, 8:11 amballot access, election subversion riskRick Hasen

Politico: So far, no court has declared Trump ineligible, and few of the cases have advanced beyond initial stages. In Minnesota, the state supreme court dismissed a challenge seeking to bar Trump from that state’s Republican primary ballot, but… Continue reading

Richmond, Virginia’s Odd System for Choosing a Mayor Has Roots in Settling a Voting Rights Act Objection

December 6, 2023, 8:10 amalternative voting systemsRick Hasen

File this in the Department of Things I Did No Know: All the contenders will face off one nonpartisan ballot this fall, and a candidate needs to win a plurality of the vote in at least five of the nine … Continue reading

What Can the U.S. Learn from New Zealand About Proportional Representation?

December 6, 2023, 8:10 amalternative voting systems, comparative election lawRick Hasen

Two in The Fulcrum: Winning Proportional Representation: Lessons from New Zealand Winning Proportional Representation: How the U.S. Can Follow New Zealand’s Lead

Derek Muller Blogging Week of December 11; Spencer Overton Blogging Weeks of Dec. 18 & 25

December 6, 2023, 8:09 amUncategorizedRick Hasen

Please direct your tips and questions to Derek during the week of December 11 and Spencer during the weeks of December 18 and 25. I’m going to be offline until the end of the year, and then back with a… Continue reading

“Prosecutors Intend to Show Long Pattern of Threats and Baseless Claims by Trump”

December 5, 2023, 4:37 pmelection subversion riskRick Hasen

NYT: When former President Donald J. Trump goes on trial on charges of plotting to overturn the 2020 election, federal prosecutors intend to tell a sweeping story, informing the jury about everything from his support for the far-right Proud Boys… Continue reading

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The law of politics and the politics of law