“The Deadline That Could Hand Trump the Election; A 133-year-old law creates perverse incentives for the Trump administration—and could make a chaotic postelection period even more tumultuous.”

The Atlantic: Many Americans know that counting all of the votes in this November’s presidential election is going to take extra time. Few people realize there’s a specific deadline by which states must finish.The 1887 Electoral Count Act seems like an … Continue reading

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Must Read from Larry Diamond and Ned Foley: “The Terrifying Inadequacy of American Election Law; The country has narrowly averted catastrophic deadlocks over the presidential-election outcome before. We may not be so fortunate in 2020.”

Atlantic ideas piece: In that event, who ought to be obeyed as commander in chief starting at noon on January 20: a reelected President Trump, or an Acting President Pelosi?The best time to act to avert this disaster scenario is … Continue reading

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Analysis: Supreme Court Saves the Country from Potential Chaos by Ruling (Unanimously) That States May Replace or Punish “Faithless Electors”

The Court’s decision in Chiafalo (the Washington election case) is at this link. The per curiam opinion in Baca (the Colorado case), with Justice Sotomayor recused, is at this link. The decision is a great relief because a contrary decision, … Continue reading

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MONDAY: Important Virtual Conference at Ohio State: “What If the 2020 Presidential Election is Disputed?: An Expert Roundtable Discussion May 4, 2020 | 11:00 am – 4:30 pm”

[Bumping to the top] This is a very important conversation Monday: REGISTER NOW Pull up a (virtual) seat as a panel of nationally recognized legal scholars, political scientists, and experts in election administration, Electoral College procedures, and presidential succession grapples with the … Continue reading

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“How Trump Is Running to Snatch Victory From the Jaws of Defeat, Again; Even if he decisively loses the national vote, the Electoral College can put him back in the White House.”

 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

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Breaking: Supreme Court Takes Colorado and Washington Faithless Elector Cases, Teeing Up Major Issue and Possible Uncertainty in 2020 Presidential Election

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

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