Problems with Proposals to Allocate Presidential Electors Proportionately or By Congressional District

October 12, 2024, 6:57 amUncategorizedRichard Pildes

As thoughts turn to the Electoral College, I want to mention a point that’s been less discussed about suggestions that states shift to awarding their electors either proportionately to the vote in that state or, as Maine and Nebraska currently… Continue reading

Federal District Court Strikes Down 5 More Provisions of Restrictive Texas Law Limiting Assistance for Voters

October 11, 2024, 4:40 pmUncategorizedRick Hasen

Via Sean Morales-Doyle of the Brennan Center, here is the court’s order.

“Justice Department Sues Virginia for Violating Federal Law’s Prohibition on Systematic Efforts to Remove Voters Within 90 Days of an Election”

October 11, 2024, 3:39 pmDepartment of Justice, voter registrationRick Hasen

DOJ has been busy: The Quiet Period is an important protection for voters, because systematic removal programs may be error-ridden, cause voter confusion and remove eligible voters days or weeks before Election Day who may be unable to correct the… Continue reading

The View from Australia: “Can You Steal an Election? America are You OK?”

October 11, 2024, 2:55 pmUncategorizedRick Hasen

I spoke with ABC Australia for their program on what’s going on here in the U.S.

“Democratic campaign office in Arizona closes down after being shot at 3 times in 3 weeks”

October 11, 2024, 2:34 pmchicaneryRick Hasen

USA Today: The Arizona Democratic party closed a field office in Tempe, Arizona that was the target of three shootings in three weeks. The incidents come amid a 2024 election cycle that has seen multiple instances of threats or violence,… Continue reading

Watch Archived Video of “Ninth Annual State of Voting Rights” Event Sponsored by ABA Section of Civil Rights And Social Justice

October 11, 2024, 8:27 amVoting Rights ActRick Hasen

You can watch here, featuring Khyla Craine, Andrew Garber, Rick Hasen, and, Sophia Lin Lakin. Moderated by Jason Abel.

“Musk is Going All in to Elect Trump”

October 11, 2024, 7:27 amcampaigns, cheap speech, Plutocrats UnitedRick Hasen

NYT deep dive: In the final weeks of the presidential campaign, the richest man in the world has involved himself in the U.S. election in a manner unparalleled in modern history. Elon Musk, seen over the weekend jumping for joy… Continue reading

“Vance, Given 5 Chances to Say Trump Lost in 2020, Takes None”

October 11, 2024, 7:22 amchicanery, election subversion riskRick Hasen

NYT: Heading into the final three weeks of the 2024 election, Senator JD Vance of Ohio will still not say whether his running mate won or lost the last race for the White House. In an interview with The New… Continue reading

“New wave of GOP lawsuits targets overseas ballots in key swing states” (Laches, Laches, Laches)

October 11, 2024, 7:19 amelection administrationRick Hasen

NBC News: Republicans have filed lawsuits over the past week in three pivotal battleground states seeking to challenge the legitimacy of some ballots cast by U.S. citizens living abroad, including military members, arguing that some votes are particularly prone to… Continue reading

“Roger Stone Suggests Using ‘Armed Guards’ During Election in Secret Video”

October 11, 2024, 7:16 amchicaneryRick Hasen

Rolling Stone: In undercover audio provided exclusively to Rolling Stone by liberal documentarian Lauren Windsor, the Trump ally and notorious Republican “dirty trickster” suggests bringing armed personnel to election locations in order to get the results they want. “We have to… Continue reading

Arizona’s largest newspaper endorses electoral reform

October 10, 2024, 8:48 pmUncategorizedNed Foley

The Arizona Republic editorial board has written a strong endorsement of the proposal to move from partisan to nonpartisan primaries in the state: “In today’s politics, those with the most extreme views are winning office, powered by partisan primaries and… Continue reading

Federal Court Rejects Super Late Attempt to Get Cornel West on PA Ballot; I’d Say to Think Laches, Not Purcell

October 10, 2024, 8:35 pmUncategorizedRick Hasen

As ELB readers know, I’m generally skeptical that timing should be the primary thing that courts consider when voting rights are at stake. I think the Purcell Principle has been elevated improperly above the normal four-part consideration of issues related… Continue reading

New episode of “Law and Democracy” podcast

October 10, 2024, 8:06 pmUncategorizedNed Foley

Discussing the legal issues that arise because of disruptions to the election cause by the horrific damage of Hurricane Helene. (The conversation was recorded before Milton made landfall.)

“Congress’s Power Over the Electoral Count”

October 10, 2024, 1:09 pmelection subversion risk, electoral collegeRick Hasen

This looks to be an important draft from Larry Schwartztol. Here is the abstract: Does Congress have authority to pass legislation regulating the counting of electoral votes? This is a consequential question for the legal framework governing presidential elections. In… Continue reading