#ELB: Must-Read Nate Cohn: “Georgia’s New Law, and the Risk of Election Subversion” electionlawblog.org/?p=121512 /1
This @Nate_Cohn piece is a must-read, on the analytically distinct question of whether new laws like Georgia's allow for the subversion of election results, an analytically distinct question from voter suppression. /2 nytimes.com/2021/04/06/ups…
He writes: "trying to reverse an election result w/o credible evidence of widespread fraud is an act of a different magnitude than narrowing access.A successful effort to subvert an election wd pose grave&fundamental risks to democracy, risking political violence&secessionism."/3
He notes that many proposals for a slimmed down H.R. 1, including mine in the WaPo piece below, do not suggest a requirement of state nonpartisan election administration as a way to deal with the risk of election subversion. /4
I’m not sure that would be so easy for Congress to write in terms of the structure that would apply, and it would be much harder to implement than for the one time act of drawing legislative districts. /5
But I have written about this risk in my book, #ElectionMeltdown, and some other recent pieces of mine discuss this question of election subversion and what to do about it /6
Other recent pieces from me on the risk of election subversion include We Can’t Let Our Elections Be This Vulnerable Again (The Atlantic) (suggesting changes to the rules for counting and certifying electoral college votes) /7 theatlantic.com/ideas/archive/…
Donald Trump Should Be Prosecuted for His Shakedown of Georgia’s Brad Raffensperger (Slate) /8 slate.com/news-and-polit…
The Only Way to Save American Democracy Now (Slate) /9
Election law can’t protect democracy if our representatives are lawless (LA Times)

And much more about this coming in my other writings, including my forthcoming “Cheap Speech” book, and an upcoming project 11/11

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More from @rickhasen

25 Mar
MANCHIN likes mandated early voting, support for Native American voting rights, improved election security, and better disclosure of campaign financing (Disclose Act and Honest Ads Act). Not mentioned: restore VRA preclearance (in HR4), felon reenfranchisement, public financing
ALSO not mentioned in MANCHIN statement: any idea he'd blow up the filibuster for any part of H.R. 1.

Instead he calls for bipartisan cooperation on election reform, which is NOT GOING TO HAPPEN if it requires at least 10 Republican Senators.
ALSO not mentioned in MANCHIN statement: mandated commissions to redistrict to deal with partisan gerrymandering
Read 5 tweets
16 Mar
Got something coming soon to @washingtonpost @PostOutlook on H.R. 1 that I think will displease everyone. You're welcome.
My new one @WashingtonPost @PostOutlook: Are
Democrats going to blow it again on voting rights? It sure looks like they could by selling H.R. 1 as the only way to combat new Republican voter suppression. washingtonpost.com/outlook/2021/0…
Democrats are not going to blow up the filibuster for a bill that won't even get 50 votes. We need a narrower bill that would provide reason enough to blow up the filibuster for voting reform.
Read 9 tweets
22 Feb
#ELB: Breaking and Analysis: Supreme Court Refuses to Hear Cases Over Conduct of Election in Pennsylvania, With Justices Alito, Gorsuch and Thomas Dissenting electionlawblog.org/?p=120941 #SCOTUS
You can find Justice Thomas’s opinion, dissenting from denial of cert. in two-Pennsylvania election cases, and Justice Alito’s separate dissent joined by Justice Gorsuch in the same cases, at this link beginning at page 25 of the pdf. supremecourt.gov/orders/courtor…
The Court without noted dissent denied cert. in another PA case, the Kelly case. It takes four votes to agree to hear the case, and 5 to rule on the merits. There is no indication that Justice Barrett recused herself in consideration of the merits of these cases.
Read 10 tweets
11 Feb
Pressure builds on Facebook Oversight Board politi.co/3rHBi8T Scoop via @ZachMontellaro about our new letter supporting Facebook's decision to deplatform Trump.
Here's a link to our full letter on Facebook deplatforming Trump: politico.com/f/?id=00000177…
@davidakaye @julia_azari @JNelsonLDF @alexstamos @jacklerner @cailinmeister @NormOrnstein @Bertrall_Ross Jim Weatherall
Our letter about Facebook deplatforming Trump got more coverage @Politico here, noting 9,000 comments have been submitted so far on the question: politico.com/news/2021/02/1…
Read 4 tweets
19 Jan
Me @CNN Oct. 19: "What will the United States and the world wake up to on November 4, 2020, the day after Election Day? And could the US endure a close election in which Joe Biden is declared the winner but President Donald J. Trump refuses to concede?"
"If the race is close, Trump and his campaign could file lawsuits and use evidence of election administrator incompetence to convince key segments of the American right that Democrats stole the election through deliberate fraud. ..."
"Trump has already sowed distrust in the results by saying without evidence that the only way he loses is if the election is 'rigged.' ..."
Read 5 tweets
12 Dec 20
The Supreme Court dismissed Texas’s bill of complaint in the latest high-profile case pushed by Trump allies in an attempt to overturn the results of the election. The Court did not issue an accompanying opinion.
As expected, Justices Alito and Thomas, who had previously stated that the Court does not have discretion to turn down the cases, would have granted the motion to file the complaint but not granted other relief and expressing no view on the merits of the case.
Read 16 tweets

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