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7 Feb 2024, 5:19 am
Article II, section one of the Constitution specifically provides that states –state 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
(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
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
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
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
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, 7:12 am
United States. [read post]
6 Feb 2024, 6:30 am
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
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
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]
5 Feb 2024, 9:51 am
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
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
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]
4 Feb 2024, 6:29 pm
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
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
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
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]
4 Feb 2024, 11:20 am
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
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
The President must have been a resident of the United States for 14 years. [read post]