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23 Oct 2020, 3:01 am by Scott R. Anderson
While the House resolves any tied count among presidential candidates in the Electoral College, any tie between vice presidential candidates goes to the Senate. [read post]
23 Feb 2023, 12:00 am by Lawrence Solum
Addressing these shortcomings, though, requires strengthening democracy rather than the legal constitution, not least through electoral reform. [read post]
25 Oct 2022, 4:30 am by Lawrence Solum
Addressing these shortcomings, though, requires strengthening democracy rather than the legal constitution, not least through electoral reform. [read post]
7 Oct 2016, 10:14 pm by Edward A. Fallone
  If these electors follow their state’s law, there probably wouldn’t be enough Electoral College votes available for the Trump alternative to win. [read post]
30 Sep 2011, 11:02 am by Solangel Maldonado
  Professor Hendricks has also written about topics ranging from preemption of tort claims to reform of the electoral college. [read post]
15 Nov 2022, 9:01 pm by Neil H. Buchanan
If a state were to pass a law today saying that, say, its governor will decide which slate of electors will represent the state in the Electoral College every four years, that law would not violate the United States Constitution.Now, however, such laws have no prospect of being passed in enough states to guarantee a Republican win in 2024. [read post]
22 Oct 2012, 12:48 pm by Tom Smith
While that would not guarantee an Electoral College victory, it is very difficult to imagine a scenario where Romney wins the national vote by more than a percentage point and loses the Electoral College. [read post]
10 Apr 2020, 4:28 am by Scott Bomboy
The Constitution’s text requires that a group of electors, commonly called the Electoral College, chooses the next president. [read post]
28 Feb 2020, 6:30 am by Guest Blogger
Tokaji is Associate Dean for Faculty and Ebersold Professor of Constitutional Law at The Ohio State University - Moritz College of Law. [read post]
31 Jan 2024, 7:10 am by Marty Lederman
., the general electorate; Trump-designated electors in December; and, if Trump secures more than 269 electoral votes, perhaps also the Joint Session of Congress that will convene to count electoral votes on January 6, 2025). [read post]
16 May 2007, 9:08 pm
  Maybe now we can have some electoral accountability for the school system. [read post]
25 Oct 2016, 9:57 am
Together, they make up more than half of the electoral college -- and this is why they are so crucial.It is in just these States, because the margins are so close (down to single digits), that the polls are least to be trusted, for the reasons I gave in this earlier post. [read post]
23 Nov 2016, 11:07 am by Sandy Levinson
 (After all, Lincoln won with only 39.8% of the popular vote, and his victory in the electoral college was substantially caused by the presence of three other candidates on the ballot.) [read post]
23 Sep 2009, 12:24 am
Richard Albert (Boston College - Law School) has posted Constitutional Handcuffs on SSRN. [read post]
9 Sep 2022, 6:30 am by Guest Blogger
But do the Senate and Electoral College violate any plausible definition of democracy? [read post]
3 Jan 2021, 9:01 pm by Michael C. Dorf
Although it appears that as many as 140 House Republicans would award the presidency to Trump despite his decisive loss of both the popular vote and the Electoral College, to state the obvious, that is not a majority of the 435-member chamber. [read post]
5 May 2023, 12:25 pm by Lawrence Solum
Rogers College of Law) has posted The President's Subjective and Objective Legal Obligations (Fordham Law Review, Vol. 91, 2023) on SSRN. [read post]
23 Aug 2023, 12:25 pm by Lawrence Solum
Michael Morley (Florida State University - College of Law) has posted Election Emergencies (Oxford Handbook on American Election Law (Eugene Mazo, ed. [read post]
7 Jun 2012, 8:58 am
By the way, do we usually shift over to talking in Electoral College terms this early in the election season? [read post]