Category Archives: electoral college

“Trump asked his AG about legal strategy to overturn election, Rosen tells senators”

August 10, 2021, 12:38 pmDepartment of Justice, electoral collegeDerek Muller

More details on Jeffrey Rosen’s testimony, as linked earlier, this time at Politico: Donald Trump asked the country’s top legal official in late December about a conspiratorial draft complaint aimed at overturning the 2020 election results, according to… Continue reading

“Lead felony charge against Jan. 6 defendants could be unconstitutionally vague, U.S. judge warns”

August 9, 2021, 5:50 amelection subversion risk, electoral collegeDerek Muller

Washington Post: A federal judge has warned that the lead felony charge leveled by the government against Capitol riot defendants could be unconstitutionally vague, potentially putting convictions at risk of being overturned on appeal.U.S. District Judge Randolph D. Moss… Continue reading

Weighing risks to the 2024 Electoral College

August 8, 2021, 2:02 pmelectoral collegeDerek Muller

Rick and Ned each offer some worries about future presidential elections and mechanics that state legislatures might employ to undermine the election. I wanted to offer brief thoughts about why I’m somewhat less fearful on these two particular concerns. To… Continue reading

“Former Acting Attorney General Testifies About Trump’s Efforts to Subvert Election”

August 7, 2021, 2:53 pmDepartment of Justice, election subversion risk, electoral collegeDerek Muller

New York Times: Jeffrey A. Rosen, who was acting attorney general during the Trump administration, has told the Justice Department watchdog and Congressional investigators that one of his deputies tried to help former President Donald J. Trump subvert the… Continue reading

Gerrymandering the Presidency Without a Coup

August 5, 2021, 9:47 pmelection subversion risk, electoral college, political parties, political polarizationNed Foley

As much as I’m concerned about the risk that on January 6, 2025 there will a successful subversion of the popular vote caused by an abuse of the procedures set forth in the Electoral Count Act, I’m concerned about other… Continue reading

A positive bipartisan development

July 22, 2021, 3:52 pmelectoral collegeNed Foley

Paul Kane of The Washington Post tweets about a new bill, jointly sponsored by Rep. Rodney Davis and Rep. Abigail Spanberger, to deal with the problem of a presidential candidate dying during critical time periods in the Electoral College process.… Continue reading

Trump on tape about Jefferson & 1800 election

July 22, 2021, 8:39 amelection subversion risk, electoral collegeJanuary 6, The Big Lie, The Electoral Count ActNed Foley

It’s fascinating to hear Trump talk about the historical example that Bruce Ackerman and David Fontana wrote about in their article, Thomas Jefferson Counts Himself into the Presidency. One could rehash how that precedent should be characterized (a point… Continue reading

“Electoral Votes Regularly Given”

July 12, 2021, 6:25 amelectoral college, legislation and legislatures, statutory interpretationDerek Muller

I’ve posted a couple of brief items already, but I want to take a moment to join the other new contributors in thanking Rick for his kind invitation to join the Election Law Blog. This site has been an extremely… Continue reading

“The Obscure Law That Enabled Trump’s Subversion of the Electoral College”

June 25, 2021, 6:48 amelection subversion risk, electoral collegeRick Hasen

Matt Ford for TNR: Earlier this week, I had the opportunity to participate in a panel discussion about voting rights with two Democratic members of Congress, during which time I took the opportunity to draw their attention to a hitherto… Continue reading

“A Growing Number Of Critics Raise Alarms About The Electoral College”

June 10, 2021, 12:05 pmelectoral collegeRick Hasen

Mara Liasson for NPR.

June 9 Event: “Should we amend or abolish the Electoral Count Act?”

June 2, 2021, 2:17 pmelectoral collegeRick Hasen

This AEI event looks great: The Electoral Count Act of 1887 was adopted to ensure Congress counted only valid slates of electors during a presidential election. But scholars and election experts have warned that it was poorly drafted and invited… Continue reading

“Opinion: How GOP rage at Liz Cheney makes a future stolen election more likely”

May 5, 2021, 8:36 amchicanery, electoral collegeRick Hasen

Important Greg Sargent in WaPo: Rep. Liz Cheney’s fate appears sealed: Republicans are set to oust the Wyoming Republican as the No. 3 in the House GOP leadership, and will most likely replace her with Rep. Elise Stefanik of… Continue reading

Feb. 12 Event: “After the people vote: A book event with John C. Fortier”

February 5, 2021, 7:54 amelectoral collegeRick Hasen

This looks great: Election Day is just the beginning of a long and complex process to count, certify, and ultimately inaugurate the next president of the United States. The fourth edition of “After the People Vote: A Guide to the… Continue reading

Arizona Legislator (and Spouse of AZ Supreme Court Justice) Introduces Bill That Would Allow State Legislature to Overturn Voters’ Choice for President

January 29, 2021, 11:48 amchicanery, electoral collegeRick Hasen

Oh my: Republican legislators, still steamed about Joe Biden winning Arizona, have been furiously scheming various ways to make it more difficult for people to vote.There’s a bill that would allow only the most faithful party voters to automatically … Continue reading