Richard L. Hasen, Reporter on Restatement of the Law Third, Torts: Remedies and Gary T. Schwartz Endowed Chair in Law at the University of California Los Angeles School of Law, co-authored with Matthew Queen, “What Judges Should Know About Election Law” in the latest edition of Judicature.
From the article:
The 2024 election is fast approaching. Many Americans undoubtedly feel anxious, as polarization, misleading rhetoric, and election-related litigation have sown distrust in elections. Indeed, the vitriol following the 2020 election culminated in a violent attack at the United States Capitol, shaking core assumptions about peaceful transitions of power.
Even before the violence of Jan. 6, 2021, the judiciary faced widespread post-election litigation challenging the results of the election. This presented a test of resolve amid turmoil — one that the judiciary passed with flying colors.1 In the process, it restored some measure of calm, order, and confidence in the rule of law. That is reason for hope for a future in which political trickery withers in American courtrooms. But these tests are, likely, far from over.
If recent trends continue, the 2024 election promises a similar flood of litigation in state and federal courts. How can judges prepare for the coming challenges of treating litigants fairly, maintaining public confidence in elections, and upholding the rule of law? In the following Q&A, Professor Richard Hasen offers his advice. He is an internationally recognized expert on election law, professor of law and political science, and director of the Safeguarding Democracy Project at the University of California Los Angeles School of Law.