Sean’s post is about limits on state legislative power in relation to NPV, but the issue goes well beyond that in this period of crisis. … Continue reading
Category Archives: electoral college
Tyler Creighton in the Boston University Law Review. … Continue reading
Josh Chafetz reviews Jesse Wegman’s new book, Let the People Pick the President. … Continue reading
WaPo: Justice Sonia Sotomayor will not participate in one of the two cases the Supreme Court will hear in April to decide whether the Constitution forbids states from dictating how members of the electoral college cast their votes for president.The clerk of … Continue reading
Michael Morley has posted this draft on SSRN (forthcoming, Harvard Law and Policy Review). Here is the abstract: The National Popular Vote Compact requires member states to appoint presidential electors based on the outcome of the national popular vote in … Continue reading
AP: The winner-take-all system Texas and 47 other states use to assign Electoral College presidential votes is constitutional, a federal appeals court said Wednesday.A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans unanimously upheld a … Continue reading
Vinod Bakthavachalam and Reed Hundt NYT oped: The answer is that in this century the Electoral College system strongly encourages candidates of both parties, and particularly any Republican candidate, to ignore the national popular vote. That’s especially true for President Trump: The … Continue reading
Listen to Texas Public Radio: The Electoral College has the ultimate decision-making power when choosing the next president and members are supposed to — and in some states required to — vote for the winner of their state’s popular vote. … Continue reading
The Court’s order granting and consolidating the two cases is here. From my earlier Slate piece on these cases: As Lessig explained to me, the Supreme Court “should have the opportunity to reflect on the question without it determining an … Continue reading
The latest issue of The Canvass leads off with a primer on some of the policy options for choosing electors (and the pending litigation on whether the choices of “faithless electors” can be punished or superseded). … Continue reading
Ned at CNN: How can it be that our electoral system is so vulnerable to the personal fancies of individual plutocrats? I explore the answer in my new book, but the short of it is that our Electoral College was designed … Continue reading
You can find the brief (Jim Bopp counsel of record) here. … Continue reading
Read it here. … Continue reading
It was a great conference, and you can watch these videos: Introductory Remarks & Panel I: The Electoral College and Majority Rule: Past, Present, and FuturePanel II: Why Do We Still Have the Electoral College? A DiscussionKeynote PresentationsPanel III: The National Popular … Continue reading
Harvard Gazette: With the 2020 race for the White House in full swing, speakers at a Harvard panel on Saturday sharply differed on whether an interstate compact to effectively disable the Electoral College and move to a national popular vote … Continue reading
The following is a guest post from Robert William Bennett of Northwestern Law: The United States Court of Appeals for the Tenth Circuit recently held unconstitutional a Colorado law that forbade the state’s presidential electors from voting “faithlessly.” Under … Continue reading
Colorado has filed this cert petition in the faithless elector case, making it the second case raising the issue to reach the Supreme Court within a month. (Here is my coverage of the Washington state case, and my earlier Slate … Continue reading
Derek Muller blogs. … Continue reading
You will be able to find the webcast at this link on Saturday. Here is the agenda: Friday, October 18th (5:15 PM – 6:45 PM)5:15 PM Welcome ReceptionSaturday, October 19th (9:00 AM – 5:30 PM)A light, continental breakfast will … Continue reading
Adam Liptak Sidebar column. I wrote about this case earlier at Slate. … Continue reading
Here is the cert petition (via Ariane de Vogue): This petition presents a clear split in authority between state and federal courts on a critically important question of federal constitutional law: whether, after appointment, a state may by law direct … Continue reading
I have written this piece for Slate. It begins: Since the 2016 election, some Democrats have raged against the Electoral College as an anti-democratic institution that does not reflect the will of the people. Some Republicans have defended the institution … Continue reading
Ned Foley has posted this very important draft on SSRN. Here is the abstract: Congress could face a disputed presidential election triggered, not necessarily by foreign interference, but by the ballots counted after Election Night that cause the initial apparent … Continue reading
Lyle Denniston for Constitution Daily: When the Supreme Court reopens a new session in October, awaiting the Justices in the pile of work that built up over their summer recess will be a major constitutional case over how America elects … Continue reading
NYT: Lawrence Lessig, a Harvard law professor who founded the group that brought the case, Equal Citizens, said it was the first time a federal appeals court had ruled on whether electors could be bound in how they vote. Many states, … Continue reading
Always read Derek on the Electoral College: In the latest of a string of faithless elector litigation arising from the 2016 presidential election, the 10th Circuit issued a decision finding that Colorado wrongly removed an elector pledged to support Clinton … Continue reading
BAN: On August 20, the Tenth Circuit ruled 2-1 that presidential electors have the constitutional right to vote for anyone who meets the constitutional qualifications to be president. Baca v Griswold, 18-1173. This is the first time any court has … Continue reading
Looking forward to participating in this conference coming at a key time: The Electoral CollegeOpen Questions, Paths ForwardHomeAboutRegisterAgendaPanel ChairsKeynote SpeakersConference OverviewFew institutions are as important to shaping the future of the United States as the electoral college. Please join Professor … Continue reading
David Wasserman does some Electoral College math. … Continue reading
The History Channel has an explainer. … Continue reading
Sean Parnell, over at The Hill, notes some concerns about the National Popular Vote compact. Some of these concerns have to do with the fact that different states have different rules for administering elections. I’ve got mixed emotions about NPV … Continue reading
Advocates say they’ve got the signatures. An extra note of significance: If certified for the ballot, it would be the first time since The Great Depression that Colorado voters would decide whether to repeal or reaffirm a law approved by … Continue reading
Oregon Live reports. … Continue reading
AP reports. … Continue reading
KOLO: Governor Steve Sisolak has decided to veto a bill that would have put Nevada on the list of states casting their electoral college votes for the winner of the national popular vote for President, regardless of the vote totals … Continue reading
FiveThirtyEight reports. … Continue reading
Jonathan Bernstein: You know what both U.S. political parties aren’t paying enough attention to? Electors. That is, the actual people who will cast electoral votes in the next election. They’ll be chosen, using state-by-state procedures, sometime next year, and they’ll be expected … Continue reading
Derek Muller: In the latest of a string of litigation surrounding faithless electors, the Washington State Supreme Court has issued its decision in In re Guerra, here. Four electors cast votes for candidates other than Hillary Clinton and Tim Kaine; … Continue reading
Ned Foley in Politico Magazine, suggesting that Electoral College reformers ” focus on a select group of battleground states and get them to adopt ranked-choice voting—or, if they prefer, a conventional runoff—in presidential elections”: The key is to focus reform … Continue reading
TPM: I was talking to one midwestern Democrat about this. And this person told me they figured it was pretty likely Pennsylvania and Michigan would return to the Democratic fold in 2020. They were much less certain about Wisconsin. Indeed, … Continue reading
Cleveland Plain Dealer: Organizers have aborted their attempt to change Ohio’s constitution to award the state’s presidential electoral votes to the winner of the national popular vote, regardless of who wins Ohio.J. Corey Colombo, a Columbus elections attorney working for … Continue reading
Norman Williams has this post at the Harvard Law Review blog. … Continue reading
Jack Torry reports. … Continue reading
Cincinnati Enquirer: Columbus attorney Don McTigue, who submitted the proposed amendment, referred The Enquirer to Reed Hundt, CEO of Making Every Vote Count, a nonprofit that advocates electing the president through a national popular vote. Hundt, reached by phone Monday, … Continue reading
John Koza, the force behind the National Popular Vote initiative writes: Ohio news organizations have been trying to identify the mysterious backers of an initiative petition proposing an amendment to the Ohio Constitution requiring the Ohio legislature to guarantee the … Continue reading
This brings states representing 189 electoral college votes into the agreement. … Continue reading
I’ve seen lots of arguments for and against the Electoral College. Some are stronger than others. But Stephen Sach’s idea that there could be such widespread fraud if we moved to a popular vote (rather than keeping fraud in a … Continue reading
Nate Cohn for NYT’s The Upshot. … Continue reading
NPR reports. … Continue reading
WaPo: Sen. Elizabeth Warren (D-Mass.) on Monday endorsed ending the electoral college, arguing for a system where “every vote matters.”Many Democrats, including Warren, have disparaged the electoral college following the presidential election results in 2000 and 2016, when Al Gore … Continue reading