Category Archives: electoral college

“Atlanta DA Fights Trump’s Bid to End Election Interference Probe”

May 15, 2023, 5:27 pmelectoral collegeDerek Muller

Jan Wolfe in the Wall Street Journal: Atlanta-area prosecutor Fani Willis defended her investigation of Donald Trump, urging a judge to reject the former president’s request to disqualify her from further probing efforts to overturn the November 2020 presidential… Continue reading

Why did Justice O’Connor abandon her own Article II argument in Bush v. Gore?

May 4, 2023, 7:59 amBush v. Gore reflections, electoral collegeDerek Muller

Yesterday, I looked at the draft memorandum Justice Sandra Day O’Connor circulated on December 10, 2000, ahead of the December 11 oral argument in Bush v. Gore. Her memorandum focused on Article II. By December 12, however, the per… Continue reading

Justice O’Connor created the framework and the heart of the language for Chief Justice Rehnquist’s concurring opinion in Bush v. Gore

May 3, 2023, 10:09 amBush v. Gore reflections, electoral collegeDerek Muller

Many of the papers of the late Justice John Paul Stevens have been released, including papers from Bush v. Gore. Over at CNN, Joan Biskupic has a four-page memorandum that Justice Sandra Day O’Connor circulated to the justices before oral… Continue reading

“Counting Electoral Votes: How the Constitution Empowers Congress—and Not the Vice President—to Resolve Electoral Disputes”

April 28, 2023, 7:41 amelection subversion risk, electoral collegeRick Hasen

New report from Joseph Bessette and Gary Schmitt at AEI. Highlights: The vice president does not have “plenary” authority under the Constitution to settle disputes over Electoral College votes. Analysis of the Constitution’s history, text, and underlying principles, along with… Continue reading

Supreme Court’s developing Compact Clause jurisprudence may affect National Popular Vote

April 18, 2023, 3:38 pmelectoral collegeDerek Muller

Years ago, as a law student (!), I published a piece in the Election Law Journal on the Compact Clause and the National Popular Vote Interstate Compact. I wrote a follow-up there, too. In these pieces, I argued… Continue reading

“Jan. 6 documents: Georgia legislators answered Trump’s call to overturn election”

February 16, 2023, 7:54 amchicanery, election subversion risk, electoral collegeRick Hasen

AJC: With his chances of winning Georgia slipping away in December 2020, then-President Donald Trump hit upon a novel scheme to stay in power: State legislators would name him the winner. So, while his allies spun dubious tales of voting … Continue reading

Cleta Mitchell, in Jan. 6 Committee Deposition, Expresses View that (Old) Electoral Count Act is Unconstitutional and Legislatures Have Absolute Power over Electors; The People’s Vote for President is Just “Advisory”

December 30, 2022, 8:07 amelection subversion risk, electoral collegeRick Hasen

Amazing from the Cleta Mitchell deposition transcript, at pp. 20-21:

State legislatures should examine their election codes after passage of the Electoral Count Reform Act

December 28, 2022, 2:18 pmelectoral collegeDerek Muller

The new Electoral Count Reform Act will have an effect on state election laws in presidential elections. The timing mechanisms have changed, and rules now expressly invite state legislatures to make explicit choices before Election Day. And states should be… Continue reading

“The Electoral College is hazardous to democracy, Raskin says”

December 25, 2022, 11:08 amelectoral collegeRick Hasen

Politico: Rep. Jamie Raskin said Sunday the Electoral College “has become a danger” to American democracy. Speaking on CBS’ “Face the Nation,” the Maryland Democrat said: “I think that the Electoral College now, which has given us five popular vote… Continue reading

Parliamentary tweaks to the Electoral Count Reform Act

December 23, 2022, 11:16 amelectoral collegeDerek Muller

Earlier this week, I noted that the Senate’s Electoral Count Reform Act was included in the omnibus bill, with “quite minor technical and parliamentary changes.” I wanted to highlight what those are. There are a few word choice changes… Continue reading

After Celebrating Likely Passage of Bill Fixing the Electoral Count Act, We Must Focus on What Didn’t Make It into the Omnibus to Help Prevent Future Election Subversion

December 20, 2022, 7:52 amelection subversion risk, electoral collegeRick Hasen

I’m thrilled, as Derek reported, that the must-pass omnibus bill in the Senate includes reform of the Electoral Count Act. As I detailed in this Harvard Law Review Forum piece, Donald Trump and his allies in 2020 tried… Continue reading

Senate’s Electoral Count Reform Act included in omnibus

December 20, 2022, 12:11 amelectoral collegeDerek Muller

The text of the omnibus bill has been released, and the bill includes the long-anticipated amendments to the Electoral Count Act. The text is almost identical to the Electoral Count Reform Act, the bill drafted and negotiated by Senators… Continue reading

“Clock Is Ticking on Chance to Fix the Electoral Count Act; Reforms likely to be folded into the spending bill, but disagreements remain between the House and Senate versions.”

December 14, 2022, 7:17 amelection subversion risk, electoral collegeRick Hasen

The Bulwark reports.

“Lofgren, Cheney Request Technical Fixes to Electoral Count Reform Act”

December 11, 2022, 7:43 pmelection subversion risk, electoral collegeRick Hasen

Cato: Reps. Zoe Lofgren and Liz Cheney were the primary sponsors of the House’s version of Electoral Count Act reform, which was passed by the House earlier this year. That bill is unlikely to proceed now, with attention focused… Continue reading