The Tik-Tok Election

July 1, 2024, 6:37 amcampaigns, cheap speechRick Hasen

Playbook: A new report from CredoIQ shows the viral-video peril for Biden after the debate. Among the top-performing TikToks responding to the debate — which garnered 483 million views — 39 percent of views were on negative Biden content,… Continue reading

“Paid operatives linked to a GOP firm are helping Cornel West in Arizona”

July 1, 2024, 6:32 amballot access, chicanery, third partiesRick Hasen

NBC News: A dozen paid operatives registered with Arizona’s secretary of state on Sunday to collect signatures on behalf of left-wing presidential candidate Cornel West, listing their employer as a Republican-leaning firm that recently worked for GOP House candidate Blake… Continue reading

“The Basis for Election Exceptionalism in Justiciability and Related Doctrines: ‘Constitutional Compensation’ in Light of Purcell”

July 1, 2024, 6:25 amcourt decisions, Supreme CourtRick Hasen

Vik Amar and Evan Caminker have posted this draft on SSRN (forthcoming, University of Illinois L. Rev.). Here is the abstract: Pursuant to the so-called Purcell doctrine, lower federal courts (and perhaps the U.S. Supreme Court itself) are supposed to… Continue reading

“Republicans are turning Biden’s voter registration order into a partisan flash point”

June 30, 2024, 7:24 pmNVRA (motor voter), The Voting Wars, voter registrationRick Hasen

Hansi Lo Wang for NPR: In these final months before this fall’s election, Republican officials are ramping up attacks on a three-year-old executive order President Biden issued to try to get more eligible voters signed up to cast ballots. The… Continue reading

Recording of Structural Reform Webinar is available

June 30, 2024, 5:50 amUncategorizedNed Foley

Here’s the link to the recording of the webinar that Election Law at Ohio State held last week on the topic of structural reform of the electoral process–and specifically the policy tradeoffs involved between Instant Runoff Voting (technically, the “Hare”… Continue reading

“GOP recruits poll monitors from suburban areas to monitor the vote in Democratic cities”

June 29, 2024, 5:21 pmelection administrationRick Hasen

NBC News: Republicans have made suburban areas a recruiting ground for their army of Election Day poll monitors, with plans to deploy some into urban, Democratic epicenters that have remained the focus of conservatives’ erroneous claims of voter fraud.… Continue reading

I Spoke with CNN’s Abby Phillip About Election Law Issues Related to a Possible Joe Biden Withdrawal from Presidential Race (link to video)

June 29, 2024, 5:16 pmelection administrationRick Hasen

You can watch here.

“Supreme Court Ruling Reflects Challenges of Jan. 6 Prosecutions”

June 28, 2024, 4:37 pmchicaneryRick Hasen

Alan Feuer NYT analysis: The Supreme Court’s decision on Friday that prosecutors had misused an obstruction law in charging hundreds of rioters who attacked the Capitol is the latest example of the persistent challenges the Justice Department has faced in… Continue reading

“Allegations of Democratic Voter fraud and Support for Political Violence Among Republicans”

June 28, 2024, 4:31 pmchicaneryRick Hasen

James A. Piazza in American Politics Research: Are partisans more likely to endorse political violence when politicians accuse their rivals of election improprieties? I theorize that for Republican partisans in the United States, the answer to this question is… Continue reading

“Justices Thomas and Alito Ignored Calls for Recusal in Jan. 6 Case”

June 28, 2024, 3:46 pmconflict of interest laws, Supreme CourtRick Hasen

NYT: Justices Clarence Thomas and Samuel A. Alito Jr., rejecting calls for their disqualification, participated in the case, siding with a member of the mob that stormed the Capitol on Jan. 6, 2021. Experts in legal ethics have said that… Continue reading

Bottini: “Is there still a judge in Paris? French legislative elections proceed with minimal constitutional check”

June 28, 2024, 2:44 pmcomparative election law, election administrationRick Hasen

The following is a guest post from Eleonora Bottini, Professor of Public Law, University of Caen Normandy: On June 20th and 26th, 2024, the French Constitutional Council, unsurprisingly, authorized the legislative snap elections in France to proceed as… Continue reading

WRAL Capital Broadcasting Co. 3 Part Series on the New Role of Outside Money in North Carolina Elections

June 28, 2024, 2:29 pmcampaign financeRick Hasen

CBC EDITORIAL INVESTIGATES: Outside campaign money dominates N.C. elections (PART ONE; Monday, June 24, 2024) CBC EDITORIAL INVESTIGATES: Outside groups spending on N.C. campaigns. Who they are? What they want? (PART TWO: Tuesday, June 25, 2024) CBC EDITORIAL INVESTIGATES: Voters’ … Continue reading

Breaking: Plaintiffs, Likely Fearing the Supreme Court Will Make Things Worse, Decline to Seek Supreme Court Review of Eighth Circuit Case Holding There’s No Right For Private Parties to Sue Under Section 2 of Voting Rights Act

June 28, 2024, 1:17 pmVoting Rights ActRick Hasen

With today’s deadline, I have learned there will be no cert petition filed. This is a case from the Eighth Circuit that is wrong on the text of the Voting Rights Act, wrong on its history, and wrong on… Continue reading