Sean Parnell on State Legislators’ Power to Set the Rules for Choosing Presidential Electors
Sean’s post is about limits on state legislative power in relation to NPV, but the issue goes well beyond that in this period of crisis.
Category Archives: electoral college
“The Constitutional Case for State Power to Eliminate Faithless Electors”
Tyler Creighton in the Boston University Law Review.
“Why We Should Abolish the Electoral College”
Josh Chafetz reviews Jesse Wegman’s new book, Let the People Pick the President.
“Sotomayor recuses from one of two Supreme Court cases with consequences for electoral college”
WaPo:
Justice Sonia Sotomayor will not participate in one of the two cases the Supreme Court will hear in April to decide whether the Constitution forbids states from dictating how members of the electoral college cast their votes for… Continue reading
“The Framers’ Inadvertent Gift: The Electoral College and the Constitutional Infirmities of the National Popular Vote Compact”
Michael Morley has posted this draft on SSRN (forthcoming, Harvard Law and Policy Review). Here is the abstract:
The National Popular Vote Compact requires member states to appoint presidential electors based on the outcome of the national popular vote in… Continue reading
“Court OKs Texas winner-take-all presidential elector system”
AP:
The winner-take-all system Texas and 47 other states use to assign Electoral College presidential votes is constitutional, a federal appeals court said Wednesday.A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans unanimously … Continue reading
“How Trump Is Running to Snatch Victory From the Jaws of Defeat, Again; Even if he decisively loses the national vote, the Electoral College can put him back in the White House.”
Vinod Bakthavachalam and Reed Hundt NYT oped:
The answer is that in this century the Electoral College system strongly encourages candidates of both parties, and particularly any Republican candidate, to ignore the national popular vote. That’s especially true for… Continue reading
“Should Members Of The Electoral College Be Allowed To Vote Their Conscience?”
Listen to Texas Public Radio:
The Electoral College has the ultimate decision-making power when choosing the next president and members are supposed to — and in some states required to — vote for the winner of their state’s popular vote.… Continue reading
Breaking: Supreme Court Takes Colorado and Washington Faithless Elector Cases, Teeing Up Major Issue and Possible Uncertainty in 2020 Presidential Election
The Court’s order granting and consolidating the two cases is here.
From my earlier Slate piece on these cases:
As Lessig explained to me, the Supreme Court “should have the opportunity to reflect on the question without it determining… Continue reading
The Electoral College
The latest issue of The Canvass leads off with a primer on some of the policy options for choosing electors (and the pending litigation on whether the choices of “faithless electors” can be punished or superseded).
Ned Foley on Billionaires, Ranked Choice Voting, and the Electoral College
Ned at CNN:
How can it be that our electoral system is so vulnerable to the personal fancies of individual plutocrats? I explore the answer in my new book, but the short of it is that our Electoral College… Continue reading
Uniform Law Commission Urges Supreme Court to Hear Colorado “Faithless Elector” Electoral College Case
You can find the brief (Jim Bopp counsel of record) here.