“The new proposal to prevent a future coup is surprisingly good”

Greg Sargent and Paul Waldman in the Plum Line for the Washington Post:

Here’s the basic principle at play: The aim is to close off manipulation of the process at both the state and congressional ends. In the proposal, Congress bars state legislatures and governors at the front end from breaking their own laws (or the Constitution) dictating the appointment of electors. If they do so anyway, it triggers automatic judicial review and then requires Congress to count the correct electors at the back end.

“This proposal effectively constrains both state officials and Congress to count the true electors,” legal scholar Matthew Seligman, an expert on the ECA, tells us.

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