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“Trump White House Aides Subpoenaed in Firing of Election Security Expert”

June 1, 2023, 5:09 amUncategorizedRichard Pildes
NYT: “The special counsel is scrutinizing the dismissal of Christopher Krebs, who contradicted baseless claims by the former president that the 2020 election was marred by fraud.”

Independent State Legislature Theory, Voting Rights Act Watch Today

June 1, 2023, 5:00 amUncategorizedRichard Pildes
The Supreme Court hands down opinions today at 10 am EST. The Alabama Voting Rights Act case, Allen v. Milligan, is the only argued case from the Court’s first sitting in October that has yet to be decided. The two… Continue reading

“Voter Fraud Is Rare. But 15 Illegal Votes in Laredo Have Thrown the City Council Into Turmoil.”

June 1, 2023, 3:56 amUncategorizedRichard Pildes
This is pretty wild: a court found that enough people had illegally established sham residencies in Laredo TX to change the outcome of a city council election. The court declared the plaintiff the rightful winner of the election. Meanwhile, the… Continue reading

“‘Numbers Nobody Has Ever Seen’: How the GOP Lost Wisconsin”

June 1, 2023, 3:37 amUncategorizedRichard Pildes
This Politico story raises the question of whether WI is shifting left, with the post-Dobbs abortion issue playing a major role: “We got our butts kicked,” Rohn Bishop, Bachleitner’s predecessor as chair of the Fond du Lac County GOP and,… Continue reading

“NC lawmakers expected to roll out major election law changes, with input from former Trump lawyer”

June 1, 2023, 3:28 amUncategorizedRichard Pildes
From WRAL News: The 2024 elections in North Carolina could be conducted under far stricter rules under a proposal being crafted behind closed doors by Republican lawmakers — with input from a lawyer best known for assisting in efforts… Continue reading

Former Cochise County Election Director Receives $130,000 Settlement from State Fund Because She Refused to Act Illegally

May 31, 2023, 11:42 amUncategorizedRichard Pildes
This relates to the effort of some election officials to require a hand count of the 2022 ballots in Cochise County, AZ, despite the legal conclusions of the relevant county election lawyers that such a hand count would be illegal… Continue reading

Nevada Republican Party sues to stop from being forced to use a presidential primary instead of a caucus

May 31, 2023, 10:25 ampolitical parties, primariesDerek Muller
A Nevada news outlet has the details here, and the news release from the Nevada Republican Party is here. It took me a while to find the complaint, which was filed in state court last week in a… Continue reading

In 2004 Partisan Gerrymandering Case, Justice Scalia Originally Had a Majority with J. Kennedy Joining, and J. Souter Was Going to Concur in the Judgment Not Dissent

May 31, 2023, 7:19 amredistricting, Supreme CourtRick Hasen
I did not have time when I was at the Library of Congress looking at Justice Stevens’ papers to give a close read to the file in Vieth v. Jubelirer, a 2004 partisan gerrymandering case. In that case, four… Continue reading

Sending Healing Thoughts and Strength to Gerry Hebert

May 31, 2023, 6:55 amelection law bizRick Hasen
Our friend Gerry Hebert, with a long and distinguished career in voting rights at the Department of Justice and at the Campaign Legal Center (not to mention his role as “Bailout King“), is ill with brain cancer. Jerry… Continue reading

“Opinion: The Supreme Court was enabling corruption well before the Clarence Thomas scandal”

May 31, 2023, 4:51 amUncategorizedRichard Pildes
Ciara Torres-Spelliscy with her views on this in the LA Times: The Supreme Court recently reversed the conviction of a onetime aide and campaign manager for disgraced former New York Gov. Andrew Cuomo. The decision may have surprised those… Continue reading

“Texas AG Says Trump Would’ve ‘Lost’ State If It Hadn’t Blocked Mail-in Ballots Applications Being Sent Out”

May 31, 2023, 4:08 amUncategorizedRichard Pildes
From Newsweek: Texas Attorney General Ken Paxton, a Republican, said former President Donald Trump would have lost in Texas in the 2020 election if his office had not successfully blocked counties from mailing out applications for mail-in ballots to… Continue reading

“Justice and Trump with Commanding Early Leads in West Virginia”

May 31, 2023, 4:04 amUncategorizedRichard Pildes
Here: “In a hypothetical 2024 U.S. Senate matchup in West Virginia, the latest ECU Poll shows Governor Jim Justice with a significant 22-point lead over incumbent Senator Joe Manchin, 54% to 32%, among registered voters in the state (with 13%… Continue reading

“What Happens When the President Calls You an “Enemy of the People?” Election Officials and Public Sentiment”

May 31, 2023, 4:03 amUncategorizedRichard Pildes
New academic article in the Election Law Journal. From the abstract: False information about the legitimacy of recent American elections has prompted a barrage of harsh rhetoric against the officials who administer them. This spike in negativity, largely occurring through… Continue reading

“Nevada becomes latest to enhance penalties for election worker intimidation after statewide exodus”

May 31, 2023, 3:55 amUncategorizedRichard Pildes
Washington Post: Those who harass, intimidate or use force on election workers performing their duties in Nevada could soon face up to four years in prison under a new law signed by the Western swing state’s Republican governor on Tuesday.… 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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