Category Archives: electoral college

Mike Parsons: “Counting on the Courts”

January 6, 2022, 6:30 amelection subversion risk, electoral collegeRick Hasen

The following is a guest post from Mike Parsons (Senior Legal Fellow at FairVote and Program Affiliate Scholar at NYU Law): Momentum to amend the Electoral Count Act is building across the ideological spectrum. And there is no… Continue reading

NPV effort in Michigan won’t affect 2024 election

December 16, 2021, 11:28 amelectoral collegeNed Foley

I’ve just been alerted to this: National Popular Vote compact won’t make Michigan 2022 ballot. Organizers may try again in 2024, according to the report, but pulling the plug on the effort to get on the ballot in 2022… Continue reading

“The Jan. 6 puzzle piece that’s going largely ignored”

December 16, 2021, 7:11 amchicanery, election subversion risk, electoral collegeRick Hasen

Politico: As Donald Trump and his allies squeezed then-Vice President Mike Pence to single-handedly stop Joe Biden’s presidency in the weeks ahead of Jan. 6, they used one particular tool that’s been largely ignored ever since.Rep. Louie Gohmert… Continue reading

Some Electoral College math

December 15, 2021, 6:26 pmelectoral collegeNed Foley

In a follow-up to my previous post, I thought I should detail some of the basic Electoral College arithmetic on my mind: Pennsylvania-specific scenario. Suppose the Electoral College results in 2024 are the same as in 2020 except for… Continue reading

Electoral College changes before 2024?

December 15, 2021, 9:25 amdirect democracy, electoral college, UncategorizedNed Foley

I don’t believe I’ve seen mentioned on ELB the effort to put the National Popular Vote Interstate Compact on the ballot next November in Michigan. As the Detroit Free Press reported a couple of weeks ago, supporters of the measure… Continue reading

Must-Read Ben Ginsberg: “Republicans in Congress Should Update the Electoral Count Act Before It’s Too Late”

December 5, 2021, 8:50 amelection subversion risk, electoral collegeRick Hasen

Great Ben Ginsberg piece in NRO: Donald Trump should want the Electoral Count Act of 1887 amended. And he should want it done even though his some of his Democratic opponents may want the same thing.Designed to govern Congress’s… Continue reading

Reforms to Electoral Count Law On Table, Maybe

December 4, 2021, 6:52 amelection subversion risk, electoral college, Fixing Election AdministrationJan 6 CommitteeTabatha Abu El-Haj

N.Y. Times Members of the congressional committee investigating the Jan. 6 attack at the Capitol are pressing to address ambiguities in “the complex and little-known law that former President Donald J. Trump and his allies tried to use to overturn… Continue reading

A 2024 Nightmare Electoral College Scenario

November 6, 2021, 10:37 amelection subversion risk, electoral collegeRick Hasen

As I explained to NPR’s Mara Liasson for All Things Considered: ANGUS KING: One of our great political parties has embraced the idea that our last election was fraudulent, that our current president is illegitimate, that they must move legislatures… Continue reading

Will Laurence Tribe draft his own Eastman memo for January 6, 2025?

November 1, 2021, 7:06 pmelectoral collegeDerek Muller

Last month, The Atlantic published a piece with the title, “Kamala Harris Might Have to Stop the Steal.” That is, the vice president* may have to exercise some authority during the counting of electoral votes in 2025 in the joint… Continue reading

“House select committee targets 134-year-old law in effort to prevent another January 6”

November 1, 2021, 6:56 amelection subversion risk, electoral collegeRick Hasen

CNN: Members of the January 6 committee are working on potential legislation to tighten the process of certifying a presidential election in an effort to eliminate contentious avenues that spurred the January 6 riot, sources tell CNN.The legislation… Continue reading

“John Eastman Is Right, His Election Memo Was ‘Crazy'”

October 22, 2021, 10:53 amchicanery, election subversion risk, electoral collegeRick Hasen

Matthew Seligman for Slate.

John Eastman, in National Review Interview, Tries to Distance Himself from His Own Memo Suggesting How VP Pence Could Steal the Election for Trump, Repudiates Its Major Points

October 22, 2021, 6:54 amelection subversion risk, electoral college, fraudulent fraud squadRick Hasen

Signs that Eastman is getting increasingly desperate to distance himself from his false claims that the election was stolen from Trump and that VP Pence could unilaterally steal it back for him when Congress was supposed to confirm the Electoral… Continue reading

Section 3 of the Fourteenth Amendment and January 6, 2025: the need for legislation now

October 14, 2021, 2:42 pmballot access, election subversion risk, electoral collegeNed Foley

All the current talk of Donald Trump running again in 2024 assumes that he’s eligible to serve as president if reelected. He’s not, or at least there’s a strong argument that he isn’t. In fairness to America’s voters, this argument ought… Continue reading

“John Eastman’s Big Lie”

October 13, 2021, 8:07 amchicanery, election subversion risk, electoral collegeRick Hasen

George Thomas at The Constitutionalist: John Eastman was the architect of former President Trump’s plan to get his Vice President to declare him the winner of the 2020 election. The scheme turned on Eastman’s insistence that in seven states… Continue reading