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“Trump electors: ‘fake’ or ‘contingent’?”

September 20, 2023, 6:53 pmUncategorizedRick Hasen
AJC: Three Republicans who cast Electoral College votes for Donald Trump after the 2020 presidential election were acting as federal officers and doing what the law allowed, defense lawyers told a federal judge on Wednesday. The Trump electors — former… Continue reading

Larry Lessig on Trump Disqualification: “A Terrible Plan to Neutralize Trump Has Entranced the Legal World”

September 20, 2023, 6:44 pmelection subversion riskRick Hasen
Larry Lessig in Slate: No one thinks Jan. 6 was a repeat of Fort Sumter. No one, that is, believes that Trump and his allies were rallying to secede from the Union. Nonetheless, the argument these lawyers press is that… Continue reading

Rosalind Dixon: “Politics as Markets: Here and There, Then and Now”

September 20, 2023, 6:41 pmPoliticsMarkets25Rick Hasen
The following is a post by Rosalind Dixon, part of the Politics as Markets at 25 sympsosium: Twenty-five years on, Sam Issacharoff and Rick Pildes’ Politics as Markets: Partisan Lockups of the Democratic Process continues to play a central… Continue reading

“Biden’s campaign set to counterpunch on misinformation”

September 20, 2023, 6:32 pmUncategorizedRick Hasen
Politico: Joe Biden’s presidential campaign is overhauling its strategy to fight misinformation on social media in the 2024 race, recruiting hundreds of staffers and volunteers to monitor platforms, buying advertising to fight bogus claims, pushing its own countermessages out through… Continue reading

“North Carolina May Increase Odds of Gridlock with Even-Numbered Elections Boards”

September 20, 2023, 6:24 pmelection administrationRick Hasen
Bolts: For over 120 years, the North Carolina State Board of Elections (NCSBE) has consisted of five members, all appointed by the governor, with no more than three from a given political party. County elections boards have the same… Continue reading

Yasmin Dawood: “Politics as Markets: Paradigms for the Law of Democracy”

September 20, 2023, 9:00 amPoliticsMarkets25Rick Hasen
The following is a post from Yasmin Dawood, part of the Politics as Markets at 25 symposium. Politics as Markets: Partisan Lockups of the Democratic Process, by Samuel Issacharoff and Richard Pildes, is a landmark article in the law… Continue reading

“Republicans win a temporary freeze in New York’s redistricting fight”

September 19, 2023, 10:28 amredistrictingRick Hasen
Politico:  Republicans won a preliminary round in latest legal fight over New York’s congressional districts: The state’s top court Tuesday declined to force a mapmaking commission to immediately start drafting new lines. The maps drawn in 2022 were tossed when… Continue reading

“‘My Vote Was Rejected’: Trial Underway in Texas Over New Voting Law”

September 19, 2023, 10:26 amUncategorizedRick Hasen
NYT: Since it went into effect, critics have raised concerns that the law would impede voters with disabilities, elderly voters and voters who do not speak English. The federal trial, now entering its second week, is providing an unusual opportunity… Continue reading

Michael Pal: Exporting Politics as Markets

September 19, 2023, 9:00 amPoliticsMarkets25Rick Hasen
The following is a post from Michael Pal, part of the Politics as Markets symposium: It’s a real pleasure to write a few words to honour “Politics as Markets” and all that it accomplished. For many of us outside… Continue reading

“How DeSantis Played Both Sides of the G.O.P. Rift Over the 2020 Election”

September 19, 2023, 7:51 amfraudulent fraud squadRick Hasen
NYT: It resembled a political rally more than a news conference. In November 2021, exactly one year after Donald J. Trump lost the presidential election to Joseph R. Biden Jr., Gov. Ron DeSantis of Florida spoke to a raucous crowd… Continue reading

“Former DOJ attorney acted under Trump’s direction, his lawyer says”

September 19, 2023, 7:46 amelection subversion riskRick Hasen
WaPo: As a Justice Department lawyer after the 2020 election, Jeffrey Clark drafted a letter to top Georgia officials declaring that the agency had reason to doubt the legitimacy of the state’s election only after he was pressed to do… Continue reading

Automatic Voter Registration to PA?

September 19, 2023, 7:39 amUncategorizedRick Hasen
Greg Sargent WaPo column: Democrats won a whole lot of elections in 2022, in no small part on their vow to strengthen and defend democracy. But if they hope to turn the issue into a sustained political winner, they have… Continue reading

“Alabama Secretary of State unveils new voter roll management system after ERIC withdrawal”

September 19, 2023, 7:37 amvoter registrationRick Hasen
News from the States: Alabama Secretary of State Wes Allen Monday said the state would launch its own database of registered voters after withdrawing from a national one earlier this year. Allen unveiled the Alabama Voter Integrity Database (AVID) to… Continue reading

Must Read Yoel Roth NYT Oped on Threats and Intimidation of Those Who Kept the 2020 Elections Safe

September 18, 2023, 1:45 pmacademic freedom, election subversion riskRick Hasen
This is truly must-read: When I worked at Twitter, I led the team that placed a fact-checking label on one of Donald Trump’s tweets for the first time. Following the violence of Jan. 6, I helped make the call to… 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

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 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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