Category Archives: electoral college
Walter Olson on the Electoral College
Announcement: UCLA Law’s Safeguarding Democracy Project Fall Calendar of Events
As we prepare for another fall semester, we’re excited to bring you a robust series of events on the 2024 Elections, Election Law, and the risks facing democracy in the U.S.
This semester, we present a mix of live, online,… Continue reading
The Twelfth Amendment and Electoral Count Reform Act are more robust than public commentary suggests
Rachel Maddow has a piece in the New York Times on the topic du jour of 2024 election commentary, here about certifying election results. (Other recent pieces in this oeuvre include Reuters and the Guardian.) I’ll just draw from… Continue reading
“Administering Presidential Elections and Counting Electoral Votes After Trump v. Anderson”
I have recently posted this draft on SSRN. From the abstract:
In the landmark case Trump v. Anderson, the Supreme Court unanimously held that states lack the unilateral power to exclude presidential candidates from the ballot on the basis… Continue reading
“Harris may need less of popular vote to win electoral college”
WaPo:
In 2020, Joe Biden won the national popular vote for president by 4.5 percentage points, a seemingly safe margin that should have easily put him in the White House.
But under the hood, the presidential race was extremely close.… Continue reading
JD Vance on the Electoral Count Reform Act
From Reese Gorman at NOTUS:
Asked if that means he would go so far as to put Trump’s desires above his constitutional authority — as Pence has said he was asked to do on Jan. 6, 2021, when Trump… Continue reading
The Electoral Count Reform Act and related provisions in Trump v. United States
While serving as mere background and description in places, the majority opinion offers some statements that, I imagine, lower courts might find useful in the event future disputes arise relating to presidential elections. From the opinion:
. . .… Continue reading
Who can sue in federal court to enforce the date of holding presidential elections (and perhaps by extension some provisions of the Electoral Count Reform Act)?
The Republican National Committee sued Nevada last month in federal court in Nevada in RNC v. Burgess. The complaint alleges, among other things, that Nevada accepts mail ballots received up to three days after Election Day, even without a… Continue reading
A Trump-Rubio ticket is possible, with some Twelfth Amendment wrinkles
The New York Times recently focused on the potential vice presidential candidacy for Senator Marco Rubio, the latest in a long string of earned media Apprentice-style articles in outlets discussing the very public, very slow airing of trial balloons of… Continue reading
“Electors who tried to reverse Trump’s 2020 defeat are poised to serve again”
WaPo:
Republican activists in at least three states where Donald Trump tried to reverse his defeat in 2020 — nearly all of them under criminal indictment for casting electoral votes for him despite his loss — are poised to reprise… Continue reading
New Podcast: Alex Keyssar on why we still have the Electoral College
In a new episode of Democracy Paradox sponsored by the Ash Center, Justin Kempf sat down with Alex Keyssar to discuss his book Why We Still Have the Electoral College?— and what the future holds for this archaic institution.… Continue reading
“The fight for a single electoral vote rages on in Nebraska”
CNN:
Omaha is a blue dot in a sea of Nebraska red, which is precisely why Donald Trump and his allies are furiously fighting to change the state’s system of awarding electoral votes in presidential elections.
Even after the Nebraska… Continue reading
“Sources say Trump sought to directly pressure Nebraska state senator over winner-take-all proposal”
The Nebraska Examiner reports.