“Why Sore Loser Laws Can’t Be Applied to Presidential Candidates”

March 29, 2023, 8:43 amUncategorizedRick Hasen

Richard Winger at Smerconish: The spring 2023 Harvard Journal of Law & Public Policy has an article, “How State ‘Sore-Loser’ Laws Make it Impossible for Trump to Run a Successful Third-Party Campaign If He Loses the Republican Primary.” The authors are four attorneys… Continue reading

“N.C. board removes election officials who refused to certify”

March 28, 2023, 7:52 pmUncategorizedRick Hasen

AP: North Carolina’s state elections board on Tuesday removed two local election officials who had refused to certify their county’s 2022 results after officials determined they violated state law. The state board voted unanimously to dismiss Surry County elections secretary… Continue reading

Rutgers Law Review Symposium: “The Future Is Unwritten: Reclaiming the Twenty-Sixth Amendment”

March 23, 2023, 11:19 amUncategorizedRick Hasen

Looks like some terrific contributions here: The Future Is Unwritten: Reclaiming the Twenty-Sixth Amendment Yael Bromberg In April 2022, Rutgers University Law Review hosted the first law symposium ever to be dedicated to the Twenty-Sixth Amendment, resulting in this… Continue reading

Richard Bernstein: “The U.S. Supreme Court Should Vacate and Remand in Moore v. Harper”

March 23, 2023, 7:58 amlegislation and legislatures, Supreme CourtRick Hasen

The following is a guest post from Richard Bernstein, who wrote this amicus brief in Moore v. Harper but who expresses his own views here: Although I wrote and joined an amici brief supporting affirmance in Moore v. Harper, recent… Continue reading

It appears the Supreme Court will retain jurisdiction over Moore v. Harper, but it’s not a sure thing

March 20, 2023, 3:49 pmSupreme CourtDerek Muller

Earlier this month, I highlighted the confusion around the jurisdictional issue in Moore v. Harper now that the North Carolina Supreme Court granted rehearing in Harper II and is reconsidering the holding in Harper I (i.e., the case the Court… Continue reading

“Abortion on the ballot? Not if these Republican lawmakers can help it”

March 19, 2023, 4:19 pmUncategorizedRick Hasen

Politico: Oklahoma’s leading anti-abortion group is pushing GOP lawmakers to loosen the state’s near-total ban. In a recent letter to legislators, Oklahomans for Life Chair Tony Lauinger argued that if they don’t amend the state’s anti-abortion law to add exceptions… Continue reading

“North Carolina’s high court seems inclined to toss past redistricting rulings”

March 15, 2023, 7:31 amredistrictingRick Hasen

Politico: Republican justices look ready to use their new majority on the North Carolina’s state Supreme Court to tear up the state’s congressional maps, and the new ones would likely favor the GOP up and down the ballot. The Tar… Continue reading

North Carolina Supreme Court Rehears Harper Partisan Gerrymandering Case

March 14, 2023, 2:35 pmUncategorizedRick Hasen

How Appealing with the links to the argument and news coverage.

“How the next House majority could be decided in the courts in 2023”

March 14, 2023, 6:51 amredistrictingRick Hasen

Zach Montellaro for Politico: Republicans are readying to plow ahead with ambitious gerrymandering despite previous reprimands from state courts — now that they’ve elected judges who are less likely to thwart their plans. The first test of this strategy comes… Continue reading

“Thousands of pro-Trump bots are attacking DeSantis, Haley”

March 12, 2023, 9:33 amcheap speechRick Hasen

AP: Over the past 11 months, someone created thousands of fake, automated Twitter accounts — perhaps hundreds of thousands of them — to offer a stream of praise for Donald Trump. Besides posting adoring words about the former president, the… Continue reading

“No Rest Between Censuses for Congressional Mapmakers; What used to be a once-a-decade redistricting fight between political parties is now in perpetual motion, and up to 29 seats in 14 states are already at risk of being redrawn.”

March 10, 2023, 7:25 amredistrictingRick Hasen

NYT: For just about all of the nation’s history, politicians would fight over redistricting for a short period after each once-a-decade census, then forget about congressional maps until the next reapportionment. Now, a string of lawsuits and in-the-works state referendums… Continue reading

“Right-Wing Task Force Will Police Elections in the Texas GOP’s Last Urban Stronghold”

March 9, 2023, 4:34 pmfraudulent fraud squadRick Hasen

Bolts: As Tarrant County’s Republican Sheriff Bill Waybourn explained his plan to increase the policing of local elections, he tried to reassure anyone worried about his fealty to former President Donald Trump or alarmed by the election-denying wing of his… Continue reading

“Some Election Officials Refused to Certify Results. Few Were Held Accountable.”

March 9, 2023, 7:02 amelection subversion riskRick Hasen

Doug Bock Clark for ProPublica: Before 2020, local election officials seldom voted against certifying results. But in 2022, conservative officials in North Carolina, Arizona, Nevada, Pennsylvania and New Mexico refused to do so. Some admitted to refusing to certify for… Continue reading

“Confusion Shrouds High Court Election Case With 2024 on Horizon”

March 7, 2023, 7:15 amlegislation and legislatures, Supreme CourtRick Hasen

Kimberly Strawbridge Robinson for Bloomberg Law: The US Supreme Court’s surprise decision to seek additional briefing in a North Carolina voting case could push an open question on the role of state officials in setting federal election rules into 2024.… Continue reading