Category Archives: electoral college

“Ethics Chair Struggles Over Whether Giuliani Crossed A Line”

December 9, 2022, 5:52 amelectoral college, fraudulent fraud squadDerek Muller

Kate Buehler at Law360: The chairman of a D.C. ethics committee deciding whether Rudy Giuliani violated legal ethics rules by filing a lawsuit aimed at overturning the 2020 presidential election results in Pennsylvania said Thursday he was struggling to… Continue reading

I Spoke with Vox’s “The Weeds” Podcast: “The Bipartisan Bill That Could Protect Elections”

December 6, 2022, 7:52 pmelection subversion risk, electoral collegeRick Hasen

Listen.

Greg Sargent: “New Trumpist threats in Arizona make electoral college reform urgent”

November 29, 2022, 1:00 pmelection subversion risk, electoral collegeRick Hasen

Greg Sargent WaPo column: At first glance, the spectacle of the Incredible Shrinking Kari Lake might be cause for optimism. Lake is contesting her loss in the Arizona governor’s race, but in so doing, she’s shriveling into an almost… Continue reading

What the litigation path of eligibility challenges to Donald Trump may look like

November 15, 2022, 5:43 pmelectoral collegeDerek Muller

If I had a crystal ball into the future of litigation surrounding Donald Trump’s candidacy for the Republican presidential nomination, I would project something like this: In January 2024, administrative tribunals in Illinois and New Hampshire will issue the first… Continue reading

Amending the Electoral Count Act doesn’t concede that Trump was right about Pence’s role on January 6, 2021

September 28, 2022, 4:28 amelectoral collegeDerek Muller

I’ve seen occasional (and perhaps we’ll see them grow increasingly frequent) comments about proposals to amend the Electoral Count Act of 1887 make a similar argument. Amendment proposals (including the Electoral Count Reform Act) will expressly provide that the… Continue reading

“McConnell seeks a Jan. 6 mop-up on his terms”

September 23, 2022, 7:05 amelection subversion risk, electoral collegeRick Hasen

Politico: Mitch McConnell opposed conviction in Donald Trump’s second impeachment trial. He may yet help clean up the mess of Jan. 6.Things are playing out differently in the Senate GOP after only nine House Republicans — all of them… Continue reading

Judge Luttig Likes the Cheney-Lofgren Bill to Change the Electoral Count Act, Urges House and Senate to Compromise to Pass an anti Election Subversion Bill

September 21, 2022, 7:48 amelection subversion risk, electoral collegeRick Hasen

Thread begins here: This week, Congresswoman Liz Cheney @RepLizCheney and Congresswoman Zoe Lofgren @RepZoeLofgren introduced a bipartisan bill in the House to reform the Electoral Count Act of 1887. This bill represents a comprehensive and compelling Rule of Law… Continue reading

Useful Politifact Comparison of the Senate and House Bills to Reform the Electoral Count Act

September 21, 2022, 7:39 amelection subversion risk, electoral collegeRick Hasen

The latest from Lou Jacobson.

Lofgren-Cheney proposal to amend Electoral Count Act would create new federal cause of action over ballot tabulation

September 20, 2022, 1:56 pmelectoral collegeDerek Muller

There’s a lot to say about the Lofgren-Cheney proposal (the “Presidential Election Reform Act”) to amend the Electoral Count Act of 1887, released yesterday and potentially voted upon by the House tomorrow (a very compressed timeline for public conversation about… Continue reading

“Congress’ latest House-Senate wrangle: Preventing the next Jan. 6”

September 20, 2022, 7:46 amelection subversion risk, electoral collegeRick Hasen

Politico: Efforts to reform an obscure 135-year-old election law, which Donald Trump tried to utilize to subvert the 2020 election, are reviving a classic congressional rivalry: the House vs. the Senate.After signaling for months that they wanted to go further… Continue reading

Cheney-Lofgren Bill to Amend the Electoral Count Act Lists Permissible Bases to Object to Counting Certain Electors, Including that Candidate is Ineligible for President Because of Participation in an Insurrection

September 19, 2022, 11:48 amelection administration, election subversion risk, electoral collegeRick Hasen

I’ve just begun reviewing the draft Cheney-Lofgren bill to reform the Electoral Count Act. It is very much in line with the spirit of the Collins-Manchin bill in the Senate, but differs in some particulars. For example, it has a… Continue reading

“We Have a Bill to Help Prevent Another Jan. 6 Attack; It’s past time to reform the Electoral Count Act to make clear Congress can’t overturn an election result.”

September 19, 2022, 7:44 amelection subversion risk, electoral collegeRick Hasen

Liz Cheney and Zoe Lofgren oped in the WSJ (with a proposal that sounds very much in line with Collins-Manchin): Despite this, Mr. Trump continues to make intentionally false election-fraud allegations, claiming that he should be reinstalled as president. And… Continue reading

“House members roll out bipartisan election bill aimed at preventing future coups”

September 14, 2022, 12:18 pmelection subversion risk, electoral collegeRick Hasen

NBC News: A pair of centrist House lawmakers on Wednesday is rolling out a bill aimed at preventing stolen elections in the wake of the Jan. 6 attack, mirroring bipartisan legislation in the Senate, NBC News has learned.Moderate Reps. Josh… Continue reading

“Congress may force election deniers to get a lot more creative; How a few election law fixes could protect democracy in 2024.”

September 13, 2022, 6:50 amelection subversion risk, electoral collegeRick Hasen

Ben Jacobs for Vox: The human mind is ingenious. It can create towering works of art and make remarkable scientific discoveries. It is, as we saw in the aftermath of the 2020 presidential election, also capable of inventing new ways… Continue reading

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