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  • Rick Hasen
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“Court filing reveals Rep. Scott Perry’s vast web of contacts in bid to reverse 2020 election”

November 30, 2023, 4:48 amUncategorizedRichard Pildes
Politico: At 11:08 p.m. on Dec. 30, 2020, days before Donald Trump prepared to install Jeff Clark atop the Justice Department amid his frenzied push to remain in power, Clark got a text from one key ally, Rep. Scott… Continue reading

“Arizona Officials Charged With Conspiring to Delay Election Results”

November 30, 2023, 4:45 amUncategorizedRichard Pildes
From NYT: Two Republican county supervisors in Arizona were indicted Wednesday on felony charges related to their attempts to delay the certification of 2022 election results. Kris Mayes, the state attorney general, announced in a statement that Peggy Judd and… Continue reading

“Wisconsin Judge Dismisses Felony Charge in ‘Ballot Selfie’ Case”

November 29, 2023, 7:47 amelection administration, First Amendment theoryRick Hasen
NYT: A Wisconsin judge on Monday dismissed a felony charge against a school board candidate who had posted a photograph on Facebook of a ballot with his name filled in. In his ruling, the judge, Paul V. Malloy of Ozaukee… Continue reading

Walter Horn Reviews My Upcoming Book, “A Real Right to Vote”

November 29, 2023, 7:45 amReal Right to VoteRick Hasen
Horn writes: As Hasen patiently explains, the case law on these matters has swerved hard right since the halcyon Warren Court days, perhaps because Republican appointees to the Supreme Court have at least acted as if they have been fueled… Continue reading

“New Mexico Supreme Court upholds Democratic-drawn congressional map”

November 29, 2023, 7:12 amUncategorizedRichard Pildes
Appears from this story that the lower courts held that this was a partisan gerrymander, but that it was not an “egregious” partisan gerrymander, and therefore it did not violate the state constitution. But can’t tell anything from the Supreme… Continue reading

“Trump Seeks to Use Trial to Challenge Findings That 2020 Election Was Fair”

November 29, 2023, 7:07 amUncategorizedRichard Pildes
Donald Trump seeks to re-litigate the 2020 election as part of his criminal defense. From the NYT: Lawyers for former President Donald J. Trump said in court papers that they planned to question the findings of several government agencies… Continue reading

NH Supreme Court, on 3-2 Vote, Holds Partisan GM Claims Not Justiciable under NH Constitution

November 29, 2023, 6:59 amUncategorizedRichard Pildes
Opinion here:https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2023-11/2023059brown.pdf

“Congress should preempt the Supreme Court on Section 2 of Voting Rights Act”

November 28, 2023, 9:19 amUncategorizedRichard Pildes
Maureen Edobor is a new election-law academic recently hired as an assistant professor at Washington and Lee. Here’s an excerpt from a piece she just published in The Hill, which criticizes the 8th Circuit’s holding that no private right of… Continue reading

5th Circuit Will Hear Galveston Redistricting Lawsuit En Banc, Offering Another Chance to Weaken the Voting Rights Act

November 28, 2023, 9:12 amVoting Rights ActRick Hasen
Here’s the order. Here’s my earlier coverage: Breaking: Fifth Circuit Panel, While Affirming that Galveston, Texas Violated the Voting Rights Act, Calls for En Banc Rehearing So They Can Rule Against Galveston Well this is an interesting (and disturbing) … Continue reading

“Why Judges in the Trump Jan. 6 Trial Need a Rocket Docket”

November 28, 2023, 6:54 amUncategorizedRichard Pildes
From Randall Elliason in the NYT: If Donald Trump is the Republican nominee for president in 2024, it’s now clear he will likely still have criminal indictments hanging over his head on Election Day. It’s possible that his criminal liability… Continue reading

“Koch-backed AFP is endorsing @NikkiHaley for president.”

November 28, 2023, 6:37 amUncategorizedRichard Pildes
Scoop from @jonkarl: “They plan to spend tens of millions to try to defeat Trump in the primaries” https://x.com/jonkarl/status/1729508317557317665?s=20

“Court turns down request for relief in Arizona leadership’s voting law dispute”

November 28, 2023, 6:18 amUncategorizedRichard Pildes
This is an issue that comes up regularly: whether legislators can be deposed in redistricting and voting-rights litigation when purpose-based challenges are made to these laws. From Scotus blog: The Supreme Court on Monday afternoon denied a request from the… Continue reading

“Pence told Jan. 6 special counsel harrowing details about 2020 aftermath, warnings to Trump: Sources”

November 28, 2023, 6:06 amUncategorizedRichard Pildes
Must read: A lot of significant new information in this ABC story . One of the most significant is that Pence, and presumably many others around him, fully understood that that there would be a shift in the vote toward… Continue reading

No rush to decide Section 3 cases in Michigan, Colorado

November 28, 2023, 6:05 amelection administration, Supreme CourtDerek Muller
“Expedited” review of cases may be in the eye of the beholder. Appeals are pending in Section 3 cases in both Colorado and Michigan. Both states have indicated the cases ought to be resolved by the first week of January… Continue reading

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Election Law Blogger

Rick Hasen

Professor of Law and Political Science
UCLA School of Law
Director, Safeguarding Democracy Project

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
View posts ›

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
View posts ›

Abbe Gluck

Alfred M. Rankin Professor of Law at Yale Law School (on leave)
View posts ›

Anita Krishnakumar

Professor of Law, Georgetown University Law Center
View posts ›

Justin Levitt

Professor of Law at LMU Loyola Law School, Los Angeles
View posts ›

Derek T. Muller

Professor of Law, Notre Dame Law School
View posts ›

Spencer A. Overton

Professor of Law,
The George Washington University Law School
View posts ›

Nate Persily

James B. McClatchy Professor of Law, Stanford Law School
View posts ›

Richard H. Pildes

Sudler Family Professor of Constitutional Law, NYU School of Law
View posts ›

Nicholas Stephanopoulos

Kirkland & Ellis Professor of Law, Harvard Law School
View posts ›

Dan Tokaji

Fred W. & Vi Miller Dean and Professor of Law
University of Wisconsin Law School
View posts ›

Franita Tolson

Interim Dean and George T. and Harriet E. Pfleger Chair in Law at USC Gould School of Law
View posts ›

Recent Books by Rick Hasen

A Real Right to Vote

A Real Right to Vote

A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy
Coming February 2024 from Princeton University Press!
Read the Kirkus Review

Book tour information to come.
Preorder at Amazon, Barnes and Noble, Bookshop

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)

2023 Casebook Supplement (Free)

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 5, Episode 2 The Roberts Court and American Democracy (Joan Biskupic)

Season 5, Episode 1 The Trump Indictments, the 2024 Elections, and Public Peace

Season 4, Episode 10 U.S. Democracy and the Independent State Legislature Theory after Moore v. Harper

More podcast episodes ›

Recent Op-Eds & Commentaries by Rick Hasen

Why Georgia Might Beat the Feds at Holding Trump Accountable, Los Angeles Times, August 8, 2023

U.S. v. Trump Will Be the Most Important Case in Our Nation’s History, Slate, August 1, 2023

John Roberts’ Big Complaint About Elena Kagan is Deeply Ironic, Slate, July 5, 2023

There’s a Time Bomb in Progressives’ Big Supreme Court Voting Case Win, Slate, June 27, 2023

There Are Still Two Major Legal Threats to the Voting Rights Act, Slate, June 12, 2023

John Roberts Throws a Curveball, New York Times, June 8, 2023

There’s Unsettling New Evidence About William Rehnquist’s Views on Segregation, Slate, June 1 2023 (with Dahlia Lithwick)

The Urgent Warning That Got Cut from a Supreme Court Opinion 20 Years Ago, Slate, May 30, 2023

What the Court’s Would Do If the Succession Fire Played Out in Real Life, Slate, May 15, 2023

Why It’s Fine that Fox and Dominion Settled, Slate, April 19, 2023

The Effort to Suppress the Vote is Spreading to the Republican Mainstream, Slate, April 11, 2023 (with Dahlia Lithwick)

Donald Trump Probably Should Not Have Been Charged with (This) Felony, Slate, April 4, 2023

Unfortunately, the Biggest Election Case of the Supreme Court Term Could Soon Be Moot, Slate, February 6, 2023

Meta is Bringing Trump Back to Facebook. It Should Keep Him on a Short Leash to Protect Democracy, Slate, January 25, 2023

I’ve Been Way More Worried About American Democracy Than I Am Right Now, Slate, November 14, 2022

The Courts are the Only Thing Holding Back Total Election Subversion, The Atlantic, November 2, 2022

An Arizona Court Seems to Think Voter Intimidation Isn’t Voter Intimidation, NBC News Think, November 1, 2022

The Supreme Court is Headed for a Self-Imposed Voting Caseload Disaster, Slate, October 26, 2022 (with Nat Bach)

The Truly Scary Part About the 1.6 Billion Conservative Donation, Slate, August 23, 2022 (with Dahlia Lithwick)

What the Critics Get Incredibly Wrong About the Collins-Manchin Election Bill, Slate, July 25, 2022

It’s Hard to Overstate the Danger of the Voting Case the Supreme Court Just Agreed to Hear, Slate, June 30, 2022

No One is Above the Law, and that Starts with Donald Trump, N.Y. Times, June 24, 2022

The Jan. 6 Committee Should Be Looking Ahead to Election Threats in 2024, Wash. Post, June 8, 2022

The One Group That Can Stop Elon Musk from Unbanning Trump on Twitter, Slate, May 10, 2022

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

Nonprofit Law as a Tool to Kill What Remains of Campaign Finance Law: Reluctant Lessons from Ellen Aprill, 46 Loyola of Los Angeles Law Review (forthcoming 2023) (festschrift symposium honoring Ellen Aprill), draft available, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4353037

Election Reform: Past, Present, and Future in Oxford Handbook of American Election Law (Eugene Mazo, ed., forthcoming 2023), draft available: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4218256

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, 6th ed.
(Foundation Press, 2022)
by Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes, Nathaniel Persily, and Franita Tolson

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, 96 N.Y.U. L. Rev. 1052 (2021)

Derek T. Muller, Election Subversion and the Writ of Mandamus, William & Mary Law Review (forthcoming)

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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