“Election Data Is Vital to Voting Rights. So Why Is It So Hard to Track Down?”

April 12, 2024, 9:38 amUncategorizedRick Hasen

Bolts: And the problem extends far beyond New York. Precinct-level election data underpins a world of election analyses. It’s a foundation for Voting Rights Act lawsuits throughout the country. Proving how badly maps are gerrymandered is impossible without this data, since… Continue reading

Donald Trump and Mike Johnson Set for Announcement Today Supporting Some Bill To Prevent Non-Citizens From Voting, a Non-Problem in the U.S. Will It Be Pence-Kobach II, Allowing States to Require Documentary Proof of Citizenship Before Registering to Vote?

April 12, 2024, 7:53 amUncategorizedRick Hasen

USA Today reported yesterday that Speaker of the House Mike Johnson is making a pilgrimage to Mar-a-Lago to join former President Trump to promoted a bill “aimed at preventing non-citizens from voting.” Details of the proposal so far are elusive.… Continue reading

“Voter fraud defamation case heard at NC Supreme Court could have implications for 2024 elections”

April 12, 2024, 7:18 amchicanery, fraudulent fraud squadRick Hasen

WRAL: A timely constitutional question, as the 2024 elections ramp up: Should people who falsely accuse North Carolina voters of committing voter fraud be immune from being sued for defamation, if they go through the state’s formal process for making… Continue reading

“Neal Katyal Was Their Resistance Hero. Until They Found Out About New Jersey.”

April 12, 2024, 6:42 amballot access, election law bizRick Hasen

Politico: In 49 of the 50 states, Neal Katyal is known as a stalwart defender of democracy. And then there’s New Jersey. In the Garden State, Katyal — the Beltway-famous legal combatant against Trump-era assaults on democratic norms — has… Continue reading

“Scoop: DNC covered Biden legal bills in special counsel probe”

April 12, 2024, 6:35 amcampaign finance, chicaneryRick Hasen

Axios: President Biden used campaign donations to help pay his legal bills last year during the special counsel’s probe into his handling of classified documents, according to two people familiar with the matter and an Axios review of campaign finance… Continue reading

“The Right’s Bogus Claims about Noncitizen Voting Fraud”

April 11, 2024, 9:20 amfraudulent fraud squadRick Hasen

Walter Olson: If you believe Elon Musk, “Democrats” are permitting large numbers of immigrants into the country on purpose in order to win elections. By “ushering in vast numbers of illegals,” he wrote on X March 5, “they are… Continue reading

“Wisconsin Supreme Court justice won’t seek reelection, shaking up the race”

April 11, 2024, 8:18 amjudicial electionsRick Hasen

WaPo: The longest-serving member of the Wisconsin Supreme Court’s 4-3 liberal majority announced Thursday she would not run for reelection next year, shaking up a consequential race in a swing state and giving conservatives their last hope of regaining control… Continue reading

“The fight for a single electoral vote rages on in Nebraska”

April 11, 2024, 8:09 amelectoral collegeRick Hasen

CNN: Omaha is a blue dot in a sea of Nebraska red, which is precisely why Donald Trump and his allies are furiously fighting to change the state’s system of awarding electoral votes in presidential elections. Even after the Nebraska… Continue reading

“GOP leaders pursue new lawsuits over 2024 election rules – including attacking methods of voting they want supporters to use”

April 11, 2024, 7:00 amThe Voting WarsRick Hasen

CNN: Republican leaders are encouraging their supporters to vote by mail in this year’s consequential presidential election, even as their party pursues lawsuits and legislation that would make it harder for those votes to count. The Republican National Committee and… Continue reading

“RNC under Lara Trump spreads ‘massive fraud’ claims about 2020 election”

April 11, 2024, 6:56 amfraudulent fraud squadRick Hasen

CNN: The Republican National Committee last week sent out a scripted call to voters’ phones on behalf of new co-chair Lara Trump saying Democrats committed “massive fraud” in the 2020 election. It’s the latest example of how the RNC under… Continue reading

Federal Court Rejects on Standing Grounds Michigan Legislators Suit Against Voting Initiatives Premised on Embrace of Rejected ISLT Theory

April 11, 2024, 6:51 amlegislation and legislaturesRick Hasen

You can read the decision at this link. Here was my initial coverage: Michigan GOP Lawmakers Appear to Rely on Rejected Version of Independent State Legislature Theory to Attack Recent Voting Laws Passed by Initiative October 2, 2023, … Continue reading

“Why Criminal Recordkeeping Laws Are Justified, Including in the Case Against Trump”

April 11, 2024, 6:45 amUncategorizedRick Hasen

Andrew Jennings blogs: The People v. Donald J. Trump invites a deeper consideration of the normative and pragmatic bases for criminalizing recordkeeping-related conduct. In a new article, I observe that recordkeeping crimes are more than mere foot faults… Continue reading

“Fueling the FIRE: Responses to Richard Hasen on how the government should identify professional journalists for access and protection”

April 11, 2024, 6:38 amFirst Amendment theoryRick Hasen

Ron Collins for First Amendment News: Last week, I posted excerpts from Professor Richard Hasen’s essay on how the government might best identify professional journalists for access to government events, as well as the related protections afforded to journalists.… Continue reading

“Overcoming Racial Harms to Democracy from Artificial Intelligence”

April 10, 2024, 4:58 pmUncategorizedAI, Artificial Intelligence, bias, deepfake, pluralismSpencer Overton

I posted this paper to SSRN, which will be published in the Iowa Law Review. The abstract is below: While the United States is becoming more racially diverse, generative artificial intelligence and related technologies threaten to undermine truly representative democracy.… Continue reading