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The law of politics and the politics of law

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  • Rick Hasen
    • About Rick Hasen
    • Books by Rick Hasen
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ELB Podcast Episode 4:5: Rachel Maddow: What “Ultra” Can Teach Us About Threats to Democracy Today

February 1, 2023, 5:57 pmELB Podcast, election subversion riskRick Hasen
New ELB Podcast: Can an attempt an election subversion in the 1940s teach us how to handle current threats to American democracy? Do failed attempts to hold Nazi sympathizers in the American government accountable through criminal litigation show the… Continue reading

“Election officials ready themselves for the next wave of Trump followers”

February 1, 2023, 7:45 amUncategorizedRick Hasen
Politico: Hundreds of local election officials across the country are about to confront a political challenge putting their management skills and their campaign chops to the test: Administering the 2024 presidential vote while running for reelection themselves. Donald Trump acolytes… Continue reading

“The Future of Redistricting”

February 1, 2023, 7:43 amlegislation and legislaturesRick Hasen
Andrew Taylor defends the independent state legislature theory in National Affairs.

“Bias and Human Error Played Parts in F.B.I.’s Jan. 6 Failure, Documents Suggest”

February 1, 2023, 7:39 amUncategorizedRick Hasen
NYT:  Days before the end of the 2020 presidential race, a team of F.B.I. analysts tried to game out the worst potential outcomes of a disputed election. But of all the scenarios they envisioned, the one they never thought of… Continue reading

“GOP report shows plan to ramp up focus on disproven election fraud claims”

January 31, 2023, 4:23 pmfraudulent fraud squadRick Hasen
WaPo: A new internal report prepared by the Republican National Committee proposes creating a permanent infrastructure in every state to ramp up “election integrity” activities in response to perceptions within GOP ranks of widespread fraud and abuse in the… Continue reading

“Statewide Investigation of California’s 2020 Local Redistricting Cycle Finds Widespread Gerrymandering to Protect Incumbents, Underscores Benefits of Independent Commissions”

January 31, 2023, 9:09 amcitizen commissions, redistrictingRick Hasen
New Common Cause report.

“A conservative judge helped stop Trump on Jan. 6. He wants to finish the job.”

January 31, 2023, 9:08 amUncategorizedRick Hasen
Judge Luttig profile in WaPo.

“What are Andy Ogles’ financial ties? Freshman GOP congressman ignores federal disclosure law”

January 31, 2023, 7:35 amcampaign finance, chicaneryRick Hasen
NewsChannel5: Tennessee’s newest congressman, Rep. Andy Ogles, quickly became a key player in the battle for control of the House, demanding concessions in exchange for his support for House Speaker Kevin McCarthy. But a NewsChannel 5 investigation discovered the freshman… Continue reading

“RELEASE: Fixing the Dysfunction in American Politics Through Electoral Reform”

January 31, 2023, 7:33 amalternative voting systemsRick Hasen
CAP: A new report from the Center for American Progress examines some of the most fundamental problems with the nation’s electoral system and recommends better ways to promote effective, representative government. The report describes how states and localities—from Alaska and… Continue reading

“If Americans hate government, why would they value democracy?”

January 31, 2023, 7:29 amUncategorizedRick Hasen
Steven Hill column.

Full Set from J.H. Snider on Financing Constitutional Conventions

January 31, 2023, 7:25 amcampaign financeRick Hasen
Snider, J.H., Part I: Alaska’s constitutional convention spending spree, The Fulcrum, Jan. 9, 2023. Snider, J.H., Part II: Deterrence helps explain the spending spree, The Fulcrum, Jan. 16, 2023. Snider, J.H., Part III: The failed constitutional convention campaign finance marketplace… Continue reading

“The Jolt: Georgia members of Congress defend living outside of their districts”

January 31, 2023, 7:20 amUncategorizedRick Hasen
AJC: Of Georgia’s 14 U.S. House members, four of them do not live in the districts they represent. There is Rep. Rich McCormick,R-Suwanee,the newly elected lawmaker whose house is just outside of the boundary lines of the 6th Congressional District.… Continue reading

“”Judge orders review that could overturn controversial Oakland school board race; Third-place finisher could come out on top after ranked choice voting debacle”

January 31, 2023, 7:17 amalternative voting systems, election administrationRick Hasen
San Jose Mercury News reports.

“Top Arizona election official seeks campaign-violation probe of Kari Lake”

January 30, 2023, 6:04 pmUncategorizedRick Hasen
Yvonne Wingett Sanchez for WaPo: Arizona’s top election official has asked the attorney general to investigate Kari Lake, the Republican candidate who lost her bid for governor in 2022, over potential campaign violations involving the disclosure of voter signatures. The… 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

Bouma Fellow in Law and Professor of Law, University of Iowa College of Law
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

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 4, Episode 3 Maggie Haberman: Trump, Trumpism and the Threats to American Democracy

Season 4, Episode 2 Moore v. Harper and Potential Threats to American Democracy

Season 4, Episode 1 Fixing the Electoral Count Act to Stop Future Stolen Elections
More podcast episodes ›

Recent Op-Eds & Commentaries by Rick Hasen

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

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, 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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