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7 Jun 2023, 9:01 pm
Indeed, even the people lodging the challenges knew full well that they were tilting at windmills.Even though the relevant law (the Electoral Count Act) was amended by law in December 2022—in ways that seem entirely sensible—the bottom line remains that a simple majority vote of both the House and the Senate is sufficient to refuse to recognize a state’s electors. [read post]
7 Jun 2023, 6:05 am
Next November, tens of millions of people across the country will head to the polls and cast their votes for their Representatives to Congress. [read post]
5 Jun 2023, 4:00 am
The Georgia runoff meant that the fate of the Senate was uncertain, and Trump's coup efforts made congressional certification of the Electoral College vote on January 6, 2021 anything but the purely ceremonial affair it had theretofore been. [read post]
2 Jun 2023, 8:41 am
Fake elector schemes came to national attention during the 2020 presidential election, during which several swing states saw the creation of fake electoral college slates in favor of former President Donald Trump even though he lost the states’ popular votes to current President Joe Biden. [read post]
27 May 2023, 1:01 am
But Nixon also got 302 electoral votes compared with 191 for Humphrey and 45 for Wallace. [read post]
25 May 2023, 2:43 am
Rhodes argues that “perhaps one of the most important factors” supporting his request for leniency is his founding and leadership of the Oath Keepers – the very organization whose members have been convicted for conspiring to use force to prevent the counting of the Electoral College ballots on Jan. 6. [read post]
24 May 2023, 9:00 am
Capitol when their preferred candidate failed to win enough electoral votes. [read post]
15 May 2023, 3:55 am
Section III turns to the four clauses in the Constitution that use the phrase “Office . . . under the United States,” albeit with some variations: the Elector Incompatibility Clause, the Impeachment Disqualification Clause, the Incompatibility Clause, and the Foreign Emoluments Clause. [read post]
15 May 2023, 2:38 am
“This is now an electorally winning issue,” said Democrat Jay Inslee, governor of Washington. [read post]
14 May 2023, 1:01 am
Fortas represented Lyndon Johnson in a primary electoral dispute, forming close ties with LBJ. [read post]
12 May 2023, 9:05 am
Eastman admitted, in front of the president, that both options violated the Electoral Count Act of 1887, the statute that sets forth the process for counting and disputing electoral votes during the joint session. [read post]
12 May 2023, 6:00 am
Trump, though, offers nothing of interest to the constitutional theorist save as a baleful reminder of the failure, contrary to the assurances set out in Federalist 68, that the Electoral College would serve as a guardrail against the election of a terrible demagogue to our highest office. [read post]
11 May 2023, 3:56 am
Even if you are capable of suspending disbelief long enough not to realize that his world is made of ridiculous false claims, if not a tenuous grasp of reality, at least as lawyers you can appreciate the absurdity of his claims that Pence had the authority to refuse to count the votes of the Electoral College or that the Presidential Records somehow entitled him to keep classified documents and “negotiate” with the National Archives. [read post]
5 May 2023, 12:25 pm
Rogers College of Law) has posted The President's Subjective and Objective Legal Obligations (Fordham Law Review, Vol. 91, 2023) on SSRN. [read post]
1 May 2023, 11:46 am
Gerrymandering is the practice of redrawing electoral district lines to benefit a particular political party or disenfranchise a group of voters. [read post]
1 May 2023, 7:37 am
Zachary Roth on efforts targeting a younger segment of the electorate. [read post]
1 May 2023, 5:51 am
Freedman Presidential Professor, Dartmouth College), Ethan Porter (Assistant Professor, George Washington University), Timothy J. [read post]
28 Apr 2023, 1:20 pm
Vice President Mike Pence, senators, and members of Congress fled for their lives, forcing suspension of the joint-session of Congress to certify the electoral college vote. [read post]
28 Apr 2023, 7:41 am
Highlights: The vice president does not have “plenary” authority under the Constitution to settle disputes over Electoral College votes. [read post]
27 Apr 2023, 6:30 am
The 17th Amendment did, to be sure, place the power of selection of senators in the hands of state electorates instead of state legislatures, but, to put it mildly, that did nothing to eliminate the extent to which the Senate is both theoretically illegitimate and, as a practical matter, often egregious hostile to achieving progressive legislation. [read post]