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… 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… Continue reading

David Wasserman does some Electoral College math.

The History Channel has an explainer.

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… Continue reading

Oregon Live reports.

AP reports.

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… Continue reading