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  • Rick Hasen
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Shifting the Abortion Debate to the States: The Gerrymandering Angle?

June 28, 2022, 5:00 amUncategorizedBruce Cain and Emily Zhang
(From Bruce E. Cain) As people come to grips with the seismic political impact of the Dobbs v Jackson decision last week, the question of partisan skew in the state government landscape has come up.  An example is this recent … Continue reading

2020 was not like 1876

June 27, 2022, 1:08 pmUncategorizedNed Foley
In a letter to the editor of the Wall Street Journal (June 22, 2022), John Eastman cites, among other scholarly works, two that I have written (including one coauthored piece) as support for his theory that Vice President Pence was entitled… Continue reading

UNH Law Review Symposium announcement

June 27, 2022, 12:25 pmUncategorizedNed Foley
I’m delighted to be writing a paper for this symposium, the announcement for which I’ve been asked to share with others who might be interested: University of New Hampshire Law Review  Fall 2022 Symposium Request for Submissions Deadline: July 29,… Continue reading

Poll of the Day

June 27, 2022, 8:48 amUncategorizedBruce Cain and Emily Zhang
From NPR: Majorities of Americans say they disagree with the Supreme Court’s decision to overturn Roe v. Wade, think it was politically motivated, are concerned the court will now reconsider rulings that protect other rights, and are more likely… Continue reading

The Strange Tale of Tina Peters

June 27, 2022, 8:45 amUncategorizedBruce Cain and Emily Zhang
NYTimes: The strange tale of Tina Peters — a once-ordinary public servant consumed by conspiracy theories and catapulted to minor stardom by believers — will take its next twist on Tuesday, when voters decide whether to make the indicted… Continue reading

GOP poll watcher training casts unfounded suspicion on Arizona elections

June 27, 2022, 8:41 amUncategorizedBruce Cain and Emily Zhang
Votebeat: The Republican National Committee is telling potential Arizona polling place observers that there are “festering problems” in how elections are run, such as security issues with vote-counting machines and problems with voter rolls, as it trains them for… Continue reading

Must-Read Ned Foley Interview with Issac Chotiner of the New Yorker About the Need to Fix the Electoral Count Act and January 6

June 27, 2022, 7:05 amelection subversion riskRick Hasen
You can read it here.

ELB Book Corner: George Thomas: “There’s So Much That’s Not in the Constitution”

June 27, 2022, 7:00 amELB Book Corner, Supreme CourtRick Hasen
I am pleased to welcome to ELB Book Corner George Thomas, author of The (Un)Written Constitution. Here is the first of three posts: As we prepare for the Supreme Court to overturn Roe v. Wade, the country is… Continue reading

Supreme Court Does Not Issue Order in “Independent State Legislature” Theory Case, Making It Less Likely That the Court Will Hear the Case….

June 27, 2022, 6:39 amSupreme CourtRick Hasen
and more likely someone is writing a dissent from denial. I have more analysis in this twitter thread. I think it is more likely they’ll take the case out of Pennsylvania.

“The Supreme Court has chipped away at the Voting Rights Act for 9 years. This case could be the next blow.”

June 27, 2022, 6:08 amVoting Rights ActRick Hasen
Zach Montellaro for Politico: The Voting Rights Act of 1965 has been slowly whittled away over the last decade by the Supreme Court — and a case set to be heard in the fall could shrink the protections offered by… Continue reading

Bipartisan Effort on Electoral Reform

June 26, 2022, 10:19 amUncategorizedNed Foley
The National Institute for Civic Advocacy is hosting a program on bipartisan electoral reform, of which a revised Electoral Count Act is a key component. The program is tomorrow, Monday, June 27, at 10:30 ET, in Washington, DC, at the… Continue reading

Lee Drutman Bemoans the Decline of Competitive Districts

June 26, 2022, 7:05 amUncategorizedRichard Pildes
I was glad to see this piece by Lee, which Rick H. flagged earlier.  At the start of this redistricting cycle, I argued that creating more competitive districts was one means, among several, to increase the election prospects of more… Continue reading

“‘One Person, One Vote’ Review: Gerrymander to Win the Game”

June 24, 2022, 2:50 pmredistrictingRick Hasen
WSJ review of Nick Seabrook’s new book, One Person, One Vote: A Surprising History of Gerrymandering in America.

I Talked to KCRW’s “Left, Right, and Center” about Anti-Election Subversion Legislation Prospects and Jan. 6

June 24, 2022, 2:16 pmelection subversion riskRick Hasen
You can listen here.

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Election Law Blogger

Rick Hasen

Professor of Law and Political Science
University of California, Irvine School of Law

Contributors

Tabatha Abu El-Haj

Professor of Law, Drexel University Thomas R. Kline School of Law
@tabathaabuelhaj
View posts ›

Sam Bagenstos

Frank G. Millard Professor of Law, University of Michigan (on leave)
View posts ›

Bruce E. Cain

Professor of Political Science, Stanford University
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Guy-Uriel E. Charles

Charles J. Ogletree Jr. Professor of Law, Harvard Law School

Edward B. Foley

Ebersold Chair in Constitutional Law, The Ohio State University
View posts ›

Heather K. Gerken

Dean and Sol & Lillian Goldman Professor of Law, Yale Law School
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Abbe Gluck

Alfred M. Rankin Professor of Law at Yale Law School (on leave)
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Anita Krishnakumar

Professor of Law, Georgetown University Law Center
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Justin Levitt

Professor of Law at LMU Loyola Law School, Los Angeles (on leave)
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Derek T. Muller

Bouma Fellow in Law and Professor of Law, University of Iowa College of Law
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Spencer A. Overton

Professor of Law,
The George Washington University Law School
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Nate Persily

James B. McClatchy Professor of Law, Stanford Law School
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Richard H. Pildes

Sudler Family Professor of Constitutional Law, NYU School of Law
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Nicholas Stephanopoulos

Kirkland & Ellis Professor of Law, Harvard Law School
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Dan Tokaji

Fred W. & Vi Miller Dean and Professor of Law
University of Wisconsin Law School
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Franita Tolson

Vice Dean for Faculty and Academic Affairs and Professor of Law at USC Gould School of Law
View posts ›

Recent Books by Rick Hasen

Cheap Speech: How Disinformation Poisons Our Politics–and How to Cure It

Cheap Speech: How Disinformation Poisons Our Politics–and How to Cure It

Cheap Speech: How Disinformation Poisons Our Politics--and How to Cure It (Yale University Press, 2022)
Cheap Speech book website

Named one of the best books on disinformation by the New York Times

Election Law–Cases and Materials

Election Law–Cases and Materials

Election Law–Cases and Materials (7th edition, Carolina Academic Press, 2022) (with Daniel Hays Lowenstein, Daniel P. Tokaji, and Nicholas O. Stephanopoulos)

Election Meltdown

Election Meltdown book cover

Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy
(Yale University Press, 2020)

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations (2d ed. Wolters Kluwer, 2020)

Recent ELB Podcast Episodes

The ELB Podcast

The ELB Podcast

Season 3, Episode 8 Wendy Weiser: Assessing the State of American Elections and Democracy
Season 3, Episode 7: Mike Haas: The Mess with Wisconsin's Elections
Season 3, Episode 6: Deuel Ross: Everything You Wanted to Know About the Alabama Voting Rights Case, But Were Too Confused to Ask
Season 3, Episode 5: Bart Gellman, Jessica Huseman, and Margaret Sullivan: What Can (and Should) Journalists Do to Prevent Election Subversion and Another January 6?
Season 3, Episode 4: Pam Fessler: The Voting Wars and the Media, Then and Now
Season 3, Episode 3: Guy Charles: Race and Election Law in Today's United States
Season 3, Episode 2: Brad Raffensperger & Isabel Longoria: The Risk of Election Subversion
Season 3, Episode 1: Nate Persily: A Redistricting Season Like No Other

More podcast episodes ›

Recent Op-Eds & Commentaries by Rick Hasen

Facebook and Twitter Could Let Trump Back Online. But He’s Still a Danger, Washington Post, Mar. 9, 2022

How Supreme Court Radicalism Could Threaten Democracy Itself, Slate, Mar. 8, 2022

How to Keep the Rising Tide of Fake News from Drowning Our Democracy, N.Y. Times, Mar. 7, 2022

North Carolina Republicans Ask SCOTUS To Decimate Voting Rights in Every State, Slate, Feb. 25, 2022

What Democrats Need From Mitch McConnell to Make an Election Reform Deal Worth It, Slate, Jan. 4, 2022

No One is Coming to Save Us from the ‘Dagger at the Throat of America,’ N.Y. Times, Jan. 7, 2022

More op-eds and commentaries by Rick ›

Recent Academic Articles and Working Papers by Rick Hasen

Identifying and Minimizing the Risk of Election Subversion and Stolen Elections in the Contemporary United States, 135 Harvard Law Review Forum 265 (2022)

Research Note: Record Election Litigation Rates in the 2020 Election: An Aberration or a Sign of Things to Come?, Election Law Journal, https://www.liebertpub.com/doi/epdf/10.1089/elj.2021.0050 (2022)

Optimism and Despair About a 2020 “Election Meltdown” and Beyond, 100 Boston University Law Review Online 298 (2020) (part of symposium on my book, Election Meltdown)

Three Pathologies of American Voting Rights Illuminated by the COVID-19 Pandemic, and How to Treat and Cure Them, Election Law Journal (2020)

More academic articles by Rick Hasen ›

Recent Books by ELB Contributors

Gerkin – The Democracy Index

Gerkin – The Democracy Index

The Democracy Index: Why Our Election System Is Failing and How to Fix It
by Heather K. Gerken

Persily – Social Media and Democracy

Persily – Social Media and Democracy

Social Media and Democracy
(Cambridge Press, 2020)
by Nathaniel Persily and Joshua A. Tucker

Pildes – The Law of Democracy

Pildes – The Law of Democracy

The Law of Democracy: Legal Structure of the Political Process, 5th ed.
(Foundation Press, 2016)
by Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes and Nathaniel Persily

Tokaji – Election Law in a Nutshell

Tokaji – Election Law in a Nutshell

Election Law in a Nutshell (2d ed., West Academic Publishing, 2017)
by Daniel P. Tokaji

Podcasts by ELB Contributors

Tolson – Free and Fair Podcast

Tolson – Free and Fair Podcast

Free & Fair with Franita and Foley
Franita Tolson and Edward Foley

Recent Articles by ELB Contributors

Tabatha Abu El-Haj, Networking the Party: First Amendment Rights & the Pursuit of Responsive Party Government, 118 Colum. L. Rev. 1225 (2018).

Bruce E. Cain, Wendy K. Tam Cho, Yan Y. Liu & Emily R. Zhang, A Reasonable Bias Approach to Gerrymandering: Using Automated Plan Generation to Evaluate Redistricting Proposals, 59 Wm. & Mary L. Rev. 1521 (2018).

Edward B. Foley, Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism (May 10, 2021). Ohio State Legal Studies Research Paper No. 61

Anita S. Krishnakumar, Cracking the Whole Code Rule (February 19, 2020). St. John’s Legal Studies Research Paper No. 20-0002, New York University Law Review, Forthcoming

Justin Levitt, Failed Elections and the Legislative Selection of Electors, __ N.Y.U. L. Rev. __ (forthcoming 2021)

Derek T. Muller, Weaponizing the Ballot. 48 Florida State University Law Review 61 (2021)

Spencer Overton, Power to Regulate Social Media Companies to Prevent Voter Suppression. GWU Legal Studies Research Paper No. 2020-23, GWU Law School Public Law Research Paper No. 2020-23, 53 U.C. Davis L. Rev. 1793 (2020)

Nicholas Stephanopoulos, The Sweep of the Electoral Power (October 20, 2020). Constitutional Commentary, Forthcoming, Harvard Public Law Working Paper No. 21-07

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