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4 Feb 2024, 6:29 pm by Marty Lederman
  Trump argues that the evidence before the Colorado courts was insufficient to establish that he intended his speech on January 6 to incite a violent (as opposed to a peaceful) resistance to the counting of the electoral votes by Vice-President Pence and the Joint Session of Congress, and therefore failed to satisfy the Brandenburg incitement standard. [read post]
4 Feb 2024, 5:57 pm by Bruce Ackerman
This grant to the people of the opportunity for choice is not to be nullified by a state through casting its electoral process in a form which permits a private organization to practice racial discrimination in the election. [read post]
4 Feb 2024, 4:26 pm by Rick Hasen
WaPo: Republican National Committee members approved a resolution Friday promising to continue to “vocally” support those who “lawfully” served as Donald Trump’s electors in 2020 in states that Joe Biden won — a compromise intended to placate Trump supporters who… Continue reading The post “RNC resolution reflects divisions over efforts to overturn 2020 election” appeared first on Election Law Blog. [read post]
4 Feb 2024, 1:01 pm by Josh Blackman
Br. at 40 ("The Constitution 'otherwise provide[s]' for the 'appointment' of the President and Vice President by the electoral college, and the Speaker of the House and President pro tempore of the Senate by Congress. [read post]
In light of these unfolding events, Macky Sall expressed his concern, stating, “The current tumultuous circumstances have the potential to significantly erode the credibility of the electoral process, giving rise to both pre-and post-electoral disputes. [read post]
4 Feb 2024, 10:22 am by Jonathan H. Adler
Even if there had been competing slates of electors from individual states, the Vice President lacks the authority to resolve such disputes. [read post]
3 Feb 2024, 2:04 pm by Will Baude
  The President must have been a resident of the United States for 14 years. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
 Section 3 of the Fourteenth Amendment provides:No person [1] 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, [2] 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… [read post]
The Council decision cited Organization of American States (OAS) criticism of the raids as a reason for the sanctions. [read post]
2 Feb 2024, 1:14 pm by Amy Howe
They note that although the appointments clause requires the president to appoint some “officers of the United States,” it also indicates that the Constitution provides for the appointment of other “officers of the United States” – including the president and vice president – by the electoral college. [read post]
2 Feb 2024, 8:50 am by Eugene Volokh
The Court wrote, instead, that "Article II, § 1's appointments power gives the States far-reaching authority over presidential electors, absent some other constitutional constraint. [read post]
2 Feb 2024, 7:27 am by Marty Lederman
Trump would still be the Republican nominee for President, and his name would appear as such on the Colorado general election ballot for presidential electors unless the state took further actions to remove his name from that ballot, as well, which is anything but certain. [read post]
2 Feb 2024, 6:51 am by Dean Falvy
Lee to serve in Congress, as presidential electors, in the Cabinet, in state offices, or even as a town dogcatcher, but just fine to let them occupy the Oval Office? [read post]
2 Feb 2024, 3:00 am by Jim Sedor
The report said lobbyists reported over $46 billion in combined federal and state lobbying expenditures since 2015. [read post]
1 Feb 2024, 6:05 am by Kate Huddleston
The advocate asserted that “the federal government” is “actively facilitating the invasion,” claiming “an orchestrated scheme” in which Democrats will extend voting rights to undocumented immigrants to flip Texas and permanently cement the Electoral College for Democrats. [read post]
31 Jan 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
Constitution permit/direct states to provide for the times, places and manner for electing members of Congress and appointing presidential electors, but the Constitution also explicitly allows Congress to override state regulations of the timing of congressional elections and in a similar vein, with respect to presidential elector selection, to “determine the Time of chusing the Electors. [read post]
31 Jan 2024, 11:01 am by Rick Hasen
Anderson, Trump argues that the Colorado Supreme Court violated the federal Electors Clause when… Continue reading The post Weiser & Wolf: “Responding to Trump’s Moore/Independent State Legislature Theory Claim in Trump v. [read post]