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  • Rick Hasen
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“Roberts: Supreme Court seeks to assure public on justices’ ethics”

May 24, 2023, 5:17 amUncategorizedGuy Charles
This story in Politico by Josh Gerstein. A snippet: Chief Justice John Roberts signaled Tuesday that the Supreme Court is attuned to public ethics concerns about the justices, saying that he’s seeking ways to address those worries without jeopardizing the… Continue reading

(Updated with correct link) Oregon House Passes Act Calling for Ranked Choice Voting

May 24, 2023, 5:04 amUncategorizedGuy Charles
The bill is here. For more details, see here.

“Justice Thomas and the January 6th Cases”

May 24, 2023, 4:54 amUncategorizedGuy Charles
A Balkinization post by Gerard N. Magliocca

“Judge recommends City of Miami toss out its district map over ‘racial gerrymandering'”

May 23, 2023, 6:57 pmUncategorizedGuy Charles
A story by WLRN reporter Joshua Ceballos on this ACLU lawsuit alleging that the City of Miami’s electoral districts were racially gerrymandered. A snippet from the WLRN story: A federal magistrate judge has recommended that the City of Miami throw… Continue reading

(Updated) Travis Crum Guest Post: Justice Scalia’s Draft Dissent from Denial of Certiorari in Rice v. Cayetano.

May 23, 2023, 9:33 amUncategorizedGuy Charles
This is a guest post by Professor Travis Crum: Last week, I was in Washington, DC, and stopped by the Library of Congress to check out the newly opened papers of Justice Stevens. Given my interest in the Fifteenth… Continue reading

Breaking: Kari Lake Loses Election Contest in Arizona Governor’s Race (Link to opinion)

May 22, 2023, 7:20 pmabsentee ballots, recountsRick Hasen
The trial judge in this opinion found no misconduct or illegal conduct in signature verification of absentee ballots. Kari Lake loses her election contest against Katie Hobbs for Arizona’s gubernatorial race on her final remaining issues. She can appeal, but… Continue reading

California Supreme Court Will Hear Oral Argument in Santa Monica Voting Rights Case in June After All

May 22, 2023, 6:19 pmVoting Rights ActRick Hasen
Initially I predicted a summer hearing for this important and delayed case under the California Voting Rights Act. Then it appeared my prediction was wrong when the June oral argument calendar came out without the Santa Monica case. Now,… Continue reading

Analysis of Alaska’s Open Primary and Ranked Choice System

May 22, 2023, 9:41 amUncategorizedGuy Charles
Sightline Institute conducted this analysis of Alaska’s voting system. Key findings: In 2022, Alaska held its first elections with open primaries and ranked choice voting.   Sightline analyzed the diversity of Alaska legislative classes from 2008 to 2022 in four areas:… Continue reading

“Feinstein’s return leaves her party on edge”

May 22, 2023, 6:13 amUncategorizedGuy Charles
A story in Politico by Katherine Tully-McManus and Nicholas Wu on Dianne Feinstein. A snippet: Dianne Feinstein has taken on a noticeably lighter schedule since she came back from California. She appears in the Senate only at committee hearings or… Continue reading

Handing off blogging to Guy-Uriel Charles

May 21, 2023, 2:08 pmUncategorizedDerek Muller
Send your tips and questions to Guy! I’m grateful for the opportunity to step in this week and have cleared out my queue of pending legal questions for the moment….

Settlement reached in 2022 Arizona voter intimidation lawsuit

May 21, 2023, 2:05 pmabsentee ballotsDerek Muller
Last fall, I highlighted two lawsuits in Arizona, one that failed for its overbreadth and one that ultimately succeeded. The successful case was brought by the League of Women Voters, and they secured a temporary restraining order as to… Continue reading

Hessick, Morse, and Pinnell on Electing Prosecutors

May 21, 2023, 10:04 amcampaign finance, campaignsDerek Muller
Carissa Byrne Hessick, Michael Morse, and Nathan Pinnell, Donating to the District Attorney (forthcoming, UC Davis Law Review): The United States is the only country that elects its local prosecutors. In theory, these local elections could facilitate local control of… Continue reading

Muller on Ballot Access

May 21, 2023, 10:02 amballot accessDerek Muller
Derek T. Muller, Ballot Access (forthcoming, Oxford Handbook of American Election Law): Voters use ballots to choose their preferred candidates or to express support or opposition to ballot initiatives and referenda. There are many and diverse rules for how these… Continue reading

Weinstein-Tull on Federal Election Administration

May 21, 2023, 10:01 amelection administration, NVRA (motor voter)Derek Muller
Justin Weinstein-Tull, Federal Election Administration Laws (forthcoming, Oxford Handbook of American Election Law): Although states and local governments administer elections in the United States, the federal government has also enacted laws that regulate election administration. Most prominent among these laws… 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 8 Mary Ziegler: Dollars for Life: Money, Politics and Abortion

Season 4, Episode 7 Sarah Longwell: Election Denialism and the Future of the Republican Party

Season 4, Episode 6 Jake Grumbach: Laboratories Against Democracy

Season 4, Episode 5 Rachel Maddow: What “Ultra” Can Teach Us About Threats to Democracy Today

Season 4, Episode 4 Lynn Vavreck & Chris Tausanovitch: Lessons for Democracy from the 2022 Midterm Elections

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

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, 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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