Rick Hasen on the Deeper Erosion of American Democracy
JUDJ-Prepared Summary from July 29, 2026 | Democracy on the Ballot: Voting Rights, the Supreme Court and the Future of America Elections. The views and opinions expressed in this blog are those of the speaker.
In a recent America at a Crossroads discussion, Rick Hasen, a nationally recognized election law scholar, UCLA law professor and director of the Safeguarding Democracy Project, explored the structural pressures weakening American democracy. The conversation examined barriers to voting, diminishing protections for minority representation, the influence of unlimited political spending and the growing divide between accurate election administration and public confidence.
Safeguards or Barriers?
Hasen distinguished familiar voter identification rules from documentary proof of citizenship requirements, which can impose far greater burdens. Eligible voters may lack passports, original birth certificates or documents matching their current names.
Kansas provides a cautionary example. Under a previous proof-of-citizenship requirement, approximately 30,000 eligible voters were reportedly placed on hold, even though the system did not uncover a meaningful number of noncitizens attempting to register.
Such policies can disproportionately affect lower-income voters, people who have moved and those who have changed their names. For Hasen, the imbalance is striking: significant burdens may be imposed on eligible voters to address voter impersonation and noncitizen voting, both of which are exceedingly rare.
Weaker Protections for Minority Representation
Hasen also warned that Supreme Court decisions have made it more difficult to bring successful claims under the Voting Rights Act. States may gain greater freedom to dismantle districts where Black and Latino voters can elect their preferred candidates.
The consequences would extend beyond Congress. Similar changes could affect representation in state legislatures, city councils, school boards and special districts. Hasen noted that partisan mapmakers from either party may have incentives to disperse communities of color across multiple districts, potentially increasing their party’s advantage while weakening minority voting power.
Money and the Rise of Shadow Campaigns
Campaign finance presents another structural challenge. Court decisions beginning with Buckley v. Valeo and continuing through Citizens United helped create a system in which wealthy individuals and organizations can spend extraordinary sums through super PACs.
Because coordination rules are loosely defined, some super PACs operate much like shadow campaigns. Donors can also contribute through nonprofit organizations that do not publicly disclose their funding sources before money reaches an affiliated super PAC. Hasen expressed concern that the Supreme Court may further weaken contribution limits rather than restore stronger guardrails.
Restoring Confidence in Elections
California’s slow ballot counting illustrates the tension between accuracy and public trust. Hasen favors careful counting over premature results, but he recognizes that lengthy delays can fuel suspicion and misinformation.
Rebuilding trust will require more resources, clearer procedures, stronger disclosure rules and better communication from local election officials. Most importantly, Hasen argued, the country needs renewed respect for legitimate outcomes and peaceful transfers of power. Protecting democracy requires sound laws, effective enforcement, accountable institutions and citizens committed to defending the electoral process.
About America at a Crossroads
Since April 2020, America at a Crossroads has produced weekly virtual programs on topics related to the preservation of our democracy, voting rights, freedom of the press, and a wide array of civil rights, including abortion rights, free speech, and free press. America at a Crossroads is a project of Jews United for Democracy & Justice.