“Conspiracy-promoting sheriffs claim vast election authority”

July 23, 2022, 11:29 amUncategorizedNed Foley

AP reports on the “constitutional sheriffs” movement, which maintains that “a sheriff’s power in a county is greater than that of any other official.” To debunk the movement, the article quotes Steve McAllister, whose career includes serving as dean… Continue reading

“Jan. 6 hearings traced an arc of ‘carnage’ wrought by Trump”

July 23, 2022, 9:08 amUncategorizedNed Foley

AP summary, and retelling, of the evidence presented at the hearings, starting with Trump’s desperate distortion of the truth over ginger mints in Georgia, and ending with a comparison to “Bonfire of the Vanities.”

Some thoughts on the judicial review mechanism in the Electoral Count Reform Act

July 22, 2022, 9:54 amelectoral collegeDerek Muller

I was pleased to join a statement with Professors Foley, McConnell, Pildes, and Smith in support of the Electoral Count Reform Act. That statement includes a nice summary of the highlights of the legislation. I wanted to drill down on… Continue reading

“Judge criticizes Atlanta DA who hosted fundraiser for opponent of Trump grand jury target: ‘What were you thinking?'”

July 22, 2022, 8:02 amUncategorizedNed Foley

CNN has news from Georgia. “The optics are horrific,” said Fulton County Superior Court Judge Robert McBurney, referring to the fundraiser that District Attorney Fani Willis held “for a Democratic candidate running against one of the investigation’s potential targets.”

“The Electoral College Makes a Coup Very Tempting”

July 22, 2022, 5:09 amUncategorizedNed Foley

Jamelle Bouie’s new column applauds the bipartisan Senate bill to revise the Electoral Count Act but prefer to eliminate the Electoral College and replace it with a national popular vote. After detailing provisions of the bill, he sums up: “I… Continue reading

“Trump Electors Targeted in Georgia Criminal Inquiry”

July 19, 2022, 5:54 pmUncategorizedNed Foley

N.Y. Times reports. Here’s the opening paragraph: ‘Prosecutors in Atlanta have informed 16 Trump supporters who formed an alternate slate of 2020 presidential electors from Georgia that they could face charges in an ongoing criminal investigation into election interference, underscoring… Continue reading

“How Announcing His 2024 Campaign Could Be Trump’s Best Legal Defense”

July 15, 2022, 12:47 pmelection subversion risk, UncategorizedDan Tokaji

Interesting perspective from Ankush Khardori in Politico Magazine: [I]t has been clear for quite some time that a reelection bid would be one of Trump’s most potent legal defense strategies, both against the ongoing criminal investigation in Georgia stemming… Continue reading

“Criminalizing the vote: GOP-led states enacted 102 new election penalties after 2020”

July 14, 2022, 12:34 pmUncategorizedDan Tokaji

News from the States: Since the 2020 election, 26 states have enacted, expanded, or increased the severity of 120 election-related criminal penalties, according to an analysis by States Newsroom of state legislation and data from the Voting Rights Lab. … Continue reading

Bob Bauer and Jack Goldsmith: The North Carolina Case in Perspective: and Why the Danger of a Subverted Presidential Election Lies Elsewhere

July 13, 2022, 5:43 pmelection subversion risk, Supreme CourtRick Hasen

The following is a guest post from Bob Bauer and Jack Goldsmith: A wave of panic greeted the Supreme Court’s recent announcement that it will review a case involving North Carolina’s gerrymandered congressional map. The ultimate concern is that… Continue reading

“Black Church Leaders in Georgia Intensify Their Voting Rights Push”

July 13, 2022, 5:33 amUncategorized, voter registrationDan Tokaji

NYT: [A]fter Georgia Republicans passed an extensive law last year with a variety of balloting restrictions, Jackson and other Black faith leaders across the state worry that they need to do more to help Black Georgians exercise their right… Continue reading

Center for Democracy & Technology Report on Ballot-Marking Devices

July 12, 2022, 2:55 pmvoting technologyDan Tokaji

Available here. From the summary: BMDs are widely used in U.S. elections and come with several benefits for election officials and voters. Because of their accessibility features — for example, allowing users to increase the displayed font size, use… Continue reading

“Fulton grand jury subpoenas Giuliani, Graham, Trump campaign lawyers”

July 5, 2022, 9:19 pmelection subversion riskDan Tokaji

From the Atlanta Journal-Constitution: The Fulton County special grand jury investigating potential criminal interference in Georgia’s 2020 elections has subpoenaed key members of former President Donald Trump’s legal team, including his personal lawyer Rudy Giuliani, according to copies obtained by… Continue reading

“Despite rebukes, Trump’s legal brigade is thriving”

July 5, 2022, 4:34 amelection subversion riskDan Tokaji

Politico reports: In total, at least 16 lawyers who represented plaintiffs in five federal lawsuits promoting Trump’s baseless election fraud claims in the key battlegrounds of Michigan, Georgia, Wisconsin and Arizona remain in good standing or have no record… Continue reading