Category Archives: electoral college

“Wisconsin Republicans sue to resolve conflict of when Electoral College votes must be cast for Trump”

December 10, 2024, 6:27 amelectoral collegeDerek Muller

That’s the headline from the Associated Press. The Electoral Count Reform Act pushed back the date the electors meet by one day to allow an extra day for resolving disputes in the states, without moving too close to the… Continue reading

“The National Popular Vote (NPV) Proposal for U.S. Presidential Elections Undermines Election Integrity”

December 3, 2024, 10:11 pmelectoral collegeaudits, national popular voteJustin Levitt

H/t to Sean Parnell for the new paper by Ron Rivest and Philip Stark: National Popular Vote (NPV) Interstate Compact [Koza et al., 2024] attempts to provide direct presidential elections in the U.S. without a constitutional amendment, through a binding… Continue reading

“The Constitutional Underpinnings of the ECRA”

November 4, 2024, 9:25 amelectoral collegeRick Hasen

Larry Schwartzol at Lawfare.

“Republicans bring back fake electors in battlegrounds”

November 4, 2024, 6:48 amelection subversion risk, electoral collegeRick Hasen

Politico: Many of the people preparing to cast votes for Donald Trump in the Electoral College in 2024 were involved in his plot to subvert the election in 2020. Some are even facing criminal charges for it. Of the 93… Continue reading

The Time of Choosing Clause and its constraint on more outlandish Electoral College scenarios

November 1, 2024, 10:51 amelectoral collegeDerek Muller

There have been some doomsday scenarios about activities state legislature might engage in after Election Day. A little context (and a long blog post!) may help explain why state legislatures are not free to do whatever they’d like, contrary to… Continue reading

Some risks about overstating risks this election

October 30, 2024, 6:50 amelectoral collegeDerek Muller

In the midst of so many disaster scenarios and worries ahead of this election, it’s worth noting that the more that risks are overstated, the more legitimate those risks appear. It’s been disappointing to see many stories (too many to… Continue reading

“There Is No ‘Little Secret’ Speaker Power over the Electoral Count”

October 29, 2024, 4:28 pmelection subversion risk, electoral collegeRick Hasen

Andy Craig at Cato at Liberty: The Speaker’s role during the electoral count is, in fact, nearly non-existent. There are no lawful mechanisms for the Speaker to derail the joint session of Congress without the backing of concurrent majorities in… Continue reading

“Is America Ready to Bid the Electoral College Farewell? | The Daily Show”

October 24, 2024, 8:52 amelectoral collegeRick Hasen

Watch here about the National Popular Vote proposal.

“‘We addressed it’: Why this election will be harder to stop on Jan. 6, 2025”

October 23, 2024, 5:47 amelectoral collegeDerek Muller

Senators on the record, from Burgess Everett and Elana Schor at Semafor: The US and world are bracing for post-election chaos in Washington on Jan. 6, 2025, as Congress prepares to name a presidential winner. The reality is another… Continue reading

ELB 6:2 The United States Electoral College and Fair Elections (Fishkin, Hollis-Brusky, Muller)

October 15, 2024, 3:23 pmELB Podcast, electoral collegeRick Hasen

Welcome to Season 6, Episode 2 of the ELB Podcast: Why do we have the Electoral College and is its use justified today? Why do Democrats and Republicans think differently about the Electoral College? Does the Electoral College make it… Continue reading

“Congress’s Power Over the Electoral Count”

October 10, 2024, 1:09 pmelection subversion risk, electoral collegeRick Hasen

This looks to be an important draft from Larry Schwartztol. Here is the abstract: Does Congress have authority to pass legislation regulating the counting of electoral votes? This is a consequential question for the legal framework governing presidential elections. In… Continue reading

Watch Archived Video of Our Hammer/SDP Forum: “The United States Electoral College and Fair Elections” (Fishkin, Hollis-Brusky, Muller)

October 10, 2024, 11:02 amelectoral collegeRick Hasen

We had a great discussion the other night at the Hammer Museum, consponsored by the Safeguarding Democracy Project, featuring Joey Fishkin, Amanda Hollis-Brusky, and Derek Muller (I moderated.) Watch here.

“Colorado Supreme Court committee advances election-related change”

October 2, 2024, 7:08 amelectoral collegeDerek Muller

In the immediate aftermath of passage of the Electoral Count Reform Act, I noted that state legislatures should look to update their laws surrounding the timing of elections and litigation disputes. And last year, I highlighted some states that have … Continue reading

October 8 Live Event at UCLA Hammer Museum: “The United States Electoral College and Fair Elections”

October 1, 2024, 7:54 amelectoral collegeRick Hasen

Very much looking forward to moderating this event: Hammer Forum Part of the series Hammer Forum: 2024 Presidential Election Tuesday Oct 8, 2024 7:30 PM Hammer Forums are made possible by the Rosenbloom Family. Co-presented with the Safeguarding Democracy Project… Continue reading