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7 Feb 2024, 7:45 pm by Josh Blackman
  Clause 2 states that "Each State shall appoint" presidential electors while clause 4 refers to "chusing the Electors. [read post]
7 Feb 2024, 6:25 pm by Marty Lederman
     That the presidency is not an “office, civil or military, under the United States” for purposes of the first, “Positions” Clause of Section 3. [read post]
Northern Ireland was established just 104 years ago and was described by its leader at the time as a ‘Protestant parliament and a Protestant state’. [read post]
7 Feb 2024, 8:20 am by Kurt Bassuener
Worse yet, the Mostar deal set the stage for an even bigger error, based on the same misguided hope that accommodating obstructionists could facilitate progress: the October 2022/April2023 “electoral reform,” effectuated by two sets of impositions by the High Representative but clearly driven by U.S. policy. [read post]
7 Feb 2024, 5:19 am by Will Baude
Article II, section one of the Constitution specifically provides that statesstate legislatures enacting state laws; and state courts and election officials in faithfully applying such laws – are assigned the constitutional power to choose the "Manner" of selecting their state's allotted number of electors for President and Vice President. [read post]
7 Feb 2024, 4:30 am by Michael C. Dorf
(7) Did the Colorado Supreme Court, in ruling in advance on Trump's eligibility, usurp the role of the state legislature under Article II, Section 1 to "direct" the "manner" of selecting Presidential electors? [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
  Colorado isn’t even trying to prevent Colorado’s presidential electors from casting their electoral votes for Donald Trump if he wins the popular vote in Colorado in November, nor (as I’ve explained earlier) has it asserted any state law authority to exclude Trump from the Colorado general election ballot (something that Colorado law does not appear to authorize). [read post]
6 Feb 2024, 1:01 pm by Neil H. Buchanan
  But Trump and the Republicans are even more ruthless now than they were in 2020-21, and they have figured out what they need to get right this time around in terms of flipping states and electoral votes, along with House and Senate challenges on January 6, 2025, and all the rest. [read post]
6 Feb 2024, 7:35 am by Marcia Coyle
It states: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the… [read post]
6 Feb 2024, 7:20 am by Will Baude
These purposes ostensibly were limited to a concern to "prevent leading rebels from returning to Congress" or from being presidential electors or "receiving appointment to federal or state office. [read post]
6 Feb 2024, 6:30 am by Guest Blogger
Roberto Gargarella Introduction The Collaborative Constitution is one of the most interesting contributions produced by the legal academia in recent years.[1] It is a clear, easy to read and at the same time profound book, in which its author, Professor Aileen Kavanagh, investigates what is the best and most justified way to protect rights in a democracy. [read post]
6 Feb 2024, 6:01 am by Reference Staff
This includes selected books from the very popular Nutshell series, the Washington State Bar Association Deskbook series, and many other legal treatises published by LexisNexis and others.Now, without further ado, here’s a look at a few of the newest additions to our eBook library.Braiding Sweetgrass (2016) by Robin Wall KimmererPublisher’s Summary: As a botanist, Robin Wall Kimmerer has been trained to ask questions of nature with the tools of science. [read post]
5 Feb 2024, 9:59 am by Scott Bomboy
The clause reads, “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United… [read post]
In August 2023, the UK Electoral Commission said that it fell victim to a cyberattack and that “hostile actors” were able to access copies of the electoral register, with the name and address of anyone registered to vote between 2014 and 2022. [read post]
5 Feb 2024, 9:20 am by Mark Tushnet
Because Marty focuses on the purely legal consequences of a decision affirming the Colorado Supreme Court and Bruce on the practical effects of such a decision as it's likely to be presented to the public.First, pro-Marty: All that affirming the Colorado Supreme Court decision means, legally, is that it's constitutionally permissible for a state to conclude, through its authorized processes, that Trump is disqualified from appearing on the ballot pursuant to state law… [read post]
4 Feb 2024, 10:30 pm by Miriam Schuler
  Municipal elections, Article 22 TFEU and the electoral rights of mobile EU citizens According to Article 22 TFEU, ‘[e]very citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate at municipal elections in the Member State in which he resides, under the same conditions as nationals of that State. [read post]