Category Archives: electoral college
“End the Electoral College?”
Harvard Gazette:
With the 2020 race for the White House in full swing, speakers at a Harvard panel on Saturday sharply differed on whether an interstate compact to effectively disable the Electoral College and move to a national popular vote… Continue reading
Robert Bennett: Are Presidential Election Ballots Invalid?
The following is a guest post from Robert William Bennett of Northwestern Law:
The United States Court of
Appeals for the Tenth Circuit recently held unconstitutional a Colorado law
that forbade the state’s presidential electors from voting “faithlessly.” Under… Continue reading
Is Colorado Acting Strategically in Seeking Supreme Court Review of the Faithless Elector Case?
Colorado has filed this cert petition in the faithless elector case, making it the second case raising the issue to reach the Supreme Court within a month. (Here is my coverage of the Washington state case, and my earlier… Continue reading
“Why ‘faithless electors’ have little power to change the winner of presidential elections”
Live Webcast of Harvard Law School Electoral College Symposium Coming Saturday
You will be able to find the webcast at this link on Saturday.
Here is the agenda:
Friday, October 18th (5:15 PM – 6:45 PM)5:15 PM Welcome ReceptionSaturday, October 19th (9:00 AM – 5:30 PM)A light, continental breakfast will be… Continue reading
“‘Faithless Electors’ Could Tip the 2020 Election. Will the Supreme Court Stop Them?”
Adam Liptak Sidebar column.
I wrote about this case earlier at Slate.
Faithless Elector Lawsuit Arrives at SCOTUS
Here is the cert petition (via Ariane de Vogue):
This petition presents a clear split in authority between state and federal courts on a critically important question of federal constitutional law: whether, after appointment, a state may by law… Continue reading
“The Coming Reckoning Over the Electoral College; A ploy to bring the issue to the Supreme Court could backfire.”
I have written this piece for Slate. It begins:
Since the 2016 election, some Democrats have raged against the Electoral College as an anti-democratic institution that does not reflect the will of the people. Some Republicans have defended the institution… Continue reading
“Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management”
Ned Foley has posted this very important draft on SSRN. Here is the abstract:
Congress could face a disputed presidential election triggered, not necessarily by foreign interference, but by the ballots counted after Election Night that cause the initial apparent… Continue reading
“Can states control how presidential electors vote?”
Lyle Denniston for Constitution Daily:
When the Supreme Court reopens a new session in October, awaiting the Justices in the pile of work that built up over their summer recess will be a major constitutional case over how America elects… Continue reading
“Electoral College Members Can Defy Voters’ Wishes, Court Rules”
NYT:
Lawrence Lessig, a Harvard law professor who founded the group that brought the case, Equal Citizens, said it was the first time a federal appeals court had ruled on whether electors could be bound in how they… Continue reading
Derek Muller on Why the 10th Circuit’s Decision on Faithless Electors is Potentially Radical and Important (and Why the 10th Circuit en banc or SCOTUS Could Well Reverse on Procedural Grounds)
Always read Derek on the Electoral College:
In the latest of a string of faithless elector litigation arising from the 2016 presidential election, the 10th Circuit issued a decision finding that Colorado wrongly removed an elector pledged to support Clinton… Continue reading
“Tenth Circuit Rules 2-1 that Presidential Elect[ors] May Not be Removed for Casting an Electoral College Vote for the “Wrong” Candidate”
BAN:
On August 20, the Tenth Circuit ruled 2-1 that presidential electors have the constitutional right to vote for anyone who meets the constitutional qualifications to be president. Baca v Griswold, 18-1173. This is the first time any court has… Continue reading