Making Sure Every Vote Counts: a Guide to the Laws on Certifying and Counting Presidential Electors for the in 2020 Election
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Post-Election Day Scenarios October 27, 2020
HealthyElections.org Post-Election Day Scenarios October 27, 2020 Abstract: Confronted with likely delays in counting an unprecedented number of mail-in ballots, close vote counts in key battleground states, the prospect of allegations of election fraud, and an intensely polarized political climate, the United States faces the possibility of highly contested election results on and after November 3. This paper explores some unlikely but conceivable scenarios that could emerge, such as a state legislature's appointment of a slate of electors before the state’s popular vote is fully counted, a Congress faced with two conicting slates of electors from the same state, and the death of a presidential candidate. These G oogle Slides correspond to the content of this memo and might be useful for a presentation covering the material. Authors : Maia Brockbank, Joven Hundal, Zahavah Levine, Anastasiia Malenko, and Alissa Vuillier Table of Contents Table of Contents 1 Introduction 2 November 4 - December 13: Post-Election Day Scenarios 2 Scenario 1: State Legislature Appoints Electors Before Popular Vote is Certied 2 December 14 - January 6: Reporting Votes to Congress 4 Scenario 2: State Misses Deadline to Send Its Slate to Electoral College 4 Scenario 3: Faithless Electors Defect and Change Election Outcome 5 January 6 -19: Congressional Counting of Electoral Votes 5 Scenario 4: Congress Faces Two Conicting Electoral Slates from a State 6 Scenario 5: No Candidate Receives a Majority of Electoral Votes 9 January 20: Inauguration Day 10 Scenario 6: No Clear Winner on Inauguration Day 10 Scenario 7: Judicial Intervention Determines Election Outcome 10 A Presidential Candidate Dies 11 Scenario 8: A Presidential Candidate Dies Before or After Election Day 11 Introduction The 2020 presidential election has already emerged as one of the most hotly contested in American history. -
Election Code
Iowa State University STUDENT GOVERNMENT OFFICIAL ELECTION CODE Last Revised on November 5, 2020 Table of Contents CHAPTER 1: General Provisions and Definitions ...................................................................... 3 Scope and Purpose; Election Law .................................................................................................... 3 Definitions ..................................................................................................................................... 4 CHAPTER 2: Senatorial Candidate Registration, Seminars, and Liaison Assignment ................. 6 CHAPTER 3: Executive Slate Registration and Seminars .......................................................... 7 CHAPTER 4: Petitions and Ballots ........................................................................................... 8 CHAPTER 5: Debates ............................................................................................................ 10 CHAPTER 6: Financial Regulations, Disclosure and Reimbursement....................................... 11 CHAPTER 7: Endorsements and In-Kind Donations ................................................................ 13 CHAPTER 8: Campaigning Regulations .................................................................................. 14 CHAPTER 9: Write-in Candidates .......................................................................................... 19 CHAPTER 10: Referenda Questions and Student Initiatives .................................................. -
Can the President Cancel Or Postpone the General Election? ______
CAN THE PRESIDENT CANCEL OR POSTPONE THE GENERAL ELECTION? ____________________________________________________________ Summary: Unlike the primaries, which are governed by state law and take place on different dates across the country, federal law—which only Congress can change—sets November 3rd as the date of the general election. The president has no authority to change this date. The Constitution also significantly limits the ability of Congress to delay choosing the next president, even if it wants to—as under no circumstance can any president’s term be extended past noon on January 20th without amending the Constitution. ➢ The U.S. Constitution and Federal Law Require That the Election Be Completed by Early January Presidential elections in the United States are governed by a combination of the U.S. Constitution and federal, state, and local laws. The overall timing of the general presidential election is governed primarily by federal law, but also constrained by the Constitution.1 The actual mechanics of conducting the election are governed primarily by state and local law. The president is technically chosen by the Electoral College, which is composed of electors from each state.2 The Constitution provides that each state “shall appoint” its electors for president “in such Manner as the Legislature thereof may direct.” U.S. Const. art. II, § 1, cl. 2. That means that the fifty states and the District of Columbia have the ability, through their legislatures, to decide how to choose the electors who will participate in the Electoral College. All states have chosen to do so based on the popular vote—in other words, whichever candidate wins the most votes in the state on Election Day generally also wins the state’s electors.3 1 See the Appendix for a more detailed timeline. -
20210106111314445 Gohmert V Pence Stay Appl Signed.Pdf
No. __A__________ In the Supreme Court of the United States LOUIE GOHMERT, TYLER BOWYER, NANCY COTTLE, JAKE HOFFMAN, ANTHONY KERN, JAMES R. LAMON, SAM MOORHEAD, ROBERT MONTGOMERY, LORAINE PELLEGRINO, GREG SAFSTEN, KELLI WARD AND MICHAEL WARD, Applicants, v. THE HONORABLE MICHAEL R. PENCE, VICE PRESIDENT OF THE UNITED STATES, IN HIS OFFICIAL CAPACITY. Respondent. EMERGENCY APPLICATION TO THE HONORABLE SAMUEL A. ALITO AS CIRCUIT JUSTICE FOR THE FIFTH CIRCUIT FOR ADMINISTRATIVE STAY AND INTERIM RELIEF PENDING RESOLUTION OF A TIMELY FILED PETITION FOR A WRIT OF CERTIORARI William L. Sessions Sidney Powell* Texas Bar No. 18041500 Texas Bar No. 16209700 SESSIONS & ASSOCIATES, PLLC SIDNEY POWELL, P.C. 14591 North Dallas Parkway, Suite 400 2911 Turtle Creek Blvd., Suite 1100 Dallas, TX 75254 Dallas, TX 72519 Tel: (214) 217-8855 Tel: (214) 628-9514 Fax: (214) 723-5346 Fax: (214) 628-9505 Email: [email protected] Email: [email protected] Lawrence J. Joseph Howard Kleinhendler DC Bar #464777 NY Bar No. 2657120 LAW OFFICE OF LAWRENCE J. JOSEPH HOWARD KLEINHENDLER ESQUIRE 1250 Connecticut Av NW, Ste 700 369 Lexington Ave., 12th Floor Washington, DC 20036 New York, New York 10017 Tel: (202) 355-9452 Tel: (917) 793-1188 Fax: (202) 318-2254 Fax: (732) 901-0832 Email: [email protected] Email: [email protected] Counsel for Applicants * Counsel of Record PARTIES TO THE PROCEEDING Applicants (plaintiffs-appellants below) are U.S. Rep. Louie Gohmert (TX-1), Tyler Bowyer, Nancy Cottle, Jake Hoffman, Anthony Kern, James R. Lamon, Sam Moorhead, Robert Montgomery, Loraine Pellegrino, Greg Safsten, Kelli Ward, and Michael Ward. Respondent (defendant-appellee below) is the Honorable Michael R. -
Counting Ballots Until All Valid Votes Have Been Tallied
Nos. 20A53, 20A54 IN THE Supreme Court of the United States ______________ JOSEPH B. SCARNATI III, ET AL., Applicants, v. KATHY BOOCKVAR, SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA, ET AL., Respondents. _________ REPUBLICAN PARTY OF PENNSYLVANIA, Applicant, v. KATHY BOOCKVAR, SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA, ET AL., Respondents. __________ On Applications to Stay the Mandate of the Supreme Court of Pennsylvania ________________ RESPONSE OF THE PENNSYLVANIA DEMOCRATIC PARTY RESPONDENTS ________ Lazar M. Palnick Clifford B. Levine 1216 Heberton Street Counsel of Record Pittsburgh, PA 15206 Alex M. Lacey (412) 661-3633 Dentons Cohen & Grigsby P.C. 625 Liberty Avenue Kevin Greenberg A. Michael Pratt Pittsburgh, PA 15222-3152 Adam Roseman (412) 297-4900 Greenberg Traurig, LLP [email protected] 1717 Arch Street, Suite 400 Philadelphia, PA 19103 (215) 988-7818 Counsel for Respondents Pennsylvania Democratic Party, Nilofer Nina Ahmad, Danilo Burgos, Austin Davis, Dwight Evans, Isabella Fitzgerald, Edward Gainey, Manuel M. Guzman, Jr., Jordan A. Harris, Arthur Haywood, Malcolm Kenyatta, Patty H. Kim, Stephen Kinsey, Peter Schweyer, Sharif Street, and Anthony H. Williams RULE 29.6 STATEMENT Pursuant to Rule 29.6 of the Rules of this Court, Respondent Pennsylvania Democratic Party states that it has no parent corporation and that there is no publicly held company that owns 10% or more of its stock. i TABLE OF CONTENTS Page RULE 29.6 STATEMENT ............................................................................................................. -
Supreme Court Clarifies Rules for Electoral College: States May Restrict Faithless Electors
Legal Sidebari Supreme Court Clarifies Rules for Electoral College: States May Restrict Faithless Electors July 10, 2020 On July 6, 2020, the Supreme Court unanimously held that states may punish or replace presidential electors who refuse to cast their ballots for the candidate chosen by the voters of their state. In the case Chiafalo v. Washington, a majority of the Court held that the State of Washington’s constitutional authority to appoint electors includes the power to impose a $1,000 fine against electors who violate their pledge to support the candidate chosen in the state’s popular vote. In the related case Colorado Department of State v. Baca, the Court upheld on the same grounds Colorado’s policy of replacing electors who attempt to cast a ballot for a person who did not win the state’s popular vote. This Legal Sidebar explains the Court’s decisions and reviews their broader implications. Background Article II of the Constitution provides, “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress.” Under the Twelfth Amendment, the electors “meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves.” Today, states employ a two-step process to appoint their electors. First, states ask each political party to submit a slate of electors that it would like to represent the state. -
In Election Disputes Richard H
Florida State University Law Review Volume 29 | Issue 2 Article 13 2001 Judging "New Law" in Election Disputes Richard H. Pildes [email protected] Follow this and additional works at: http://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Richard H. Pildes, Judging "New Law" in Election Disputes, 29 Fla. St. U. L. Rev. (2001) . http://ir.law.fsu.edu/lr/vol29/iss2/13 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized administrator of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW JUDGING "NEW LAW" IN ELECTION DISPUTES Richard H. Pildes VOLUME 29 WINTER 2001 NUMBER 2 Recommended citation: Richard H. Pildes, Judging "New Law" in Election Disputes, 29 FLA. ST. U. L. REV. 691 (2001). JUDGING “NEW LAW” IN ELECTION DISPUTES RICHARD H. PILDES* I. INTRODUCTION..................................................................................................... 691 II. THE ISSUE DEFINED: CHANGING ELECTION RULES IN THE MIDST OF ELECTION CONTROVERSIES ................................................................................. 695 III. THE CONSTITUTIONAL INTEREST IN AVOIDING “NEW LAW” IN STATE AS WELL AS FEDERAL ELECTION DISPUTES ....................................................................... 697 IV. IDENTIFYING “NEW LAW” .................................................................................... 702 V. THE THEORY OF JUDGING “NEW -
City Council Election Methods in Order to Ensure That the Election Please Do Not Hesitate to Contact Us
The Center for Voting and Democracy City 6930 Carroll Avenue, Suite 610 – Takoma Park, MD 20912 Phone: (301) 270-4616 – Fax: (301) 270-4133 Council Email: [email protected] Website: http://www.fairvote.org Election This Manual is intended to assist Charter Review Comissions, city officials, and other community Methods leaders in determining what electoral systems will best meet the needs and goals of their community. Given that no system can accomplish every goal, this manual will help you analyze the INTRODUCTION consequences of adopting one system over The range of options that exists for electing a municipal government is broader than many people realize. Voting systems can have a another and will aid you in comparing the features striking impact on the type of candidates who run for office, how of various electoral systems. representative the council is, which candidates are elected, which parties control the city council, which voters feel well represented, Should you desire more information about any of and so on. This booklet is intended to aid in the evaluation of possible the voting systems discussed within this manual, city council election methods in order to ensure that the election please do not hesitate to contact us. method is determined by conscious choice, not inertia. A separate companion booklet, Mayoral Election Methods , deals with the selection of an executive. A summary of this booklet can be found in the city council election method evaluation grid at Page 11. 1 CRITERIA FOR EVALUATING CITY COUNCIL ELECTION METHODS 1. VOTER CHOICE Different election methods will encourage different numbers of It is important to recognize from the outset that no election candidates to run, and will thus impact the level of choice which method is perfect. -
Counting Electoral Votes: an Overview of Procedures at the Joint Session, Including Objections by Members of Congress
Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress Updated December 8, 2020 Congressional Research Service https://crsreports.congress.gov RL32717 Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress Summary The Constitution and federal law establish a detailed timetable following the presidential election during which time the members of the electoral college convene in the 50 state capitals and in the District of Columbia, cast their votes for President and Vice President, and submit their votes through state officials to both houses of Congress. The electoral votes are scheduled to be opened before a joint session of Congress on January 6, 2021. Federal law specifies the procedures for this session and for challenges to the validity of an electoral vote. This report describes the steps in the process and precedents set in prior presidential elections governing the actions of the House and Senate in certifying the electoral vote and in responding to challenges of the validity of electoral votes. This report has been revised and will be updated on a periodic basis to provide the dates for the relevant joint session of Congress and to reflect any new, relevant precedents or practices. Congressional Research Service Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress Contents Actions Leading Up to the Joint Session ........................................................................................ -
STRATEGIES UNDER a NEW ELECTORAL SYSTEM the Labor Party in the 1996 Israeli Elections
06 – Torgovnik 4/1/00 12:11 pm Page 95 PARTY POLITICS VOL 6. No.1 pp. 95–106 Copyright © 2000 SAGE Publications London Thousand Oaks New Delhi RESEARCH NOTE STRATEGIES UNDER A NEW ELECTORAL SYSTEM The Labor Party in the 1996 Israeli elections Efraim Torgovnik ABSTRACT Structural systemic factors, including a tie between the two major political blocs in Israel and the change to direct election of the prime minister, generated an on-line personal campaign, making memory-based retrospective assessment of the positive past performance of Labor and its candidate, Shimon Peres, a lesser electoral issue. The direct elections for the prime minister overshadowed the party and its campaign. Concerns for personal security, raised during the campaign by terrorism, enhanced the electoral chances of the opposition Likud party and its candidate, Binyamin Netanyahu. Emotions became dominant in such symbolic-normative electoral dimensions as religious nationalism and fear. This was apparent in the success of the opposition candidate, Netanyahu, who was against the Oslo peace process, in entering the peace space by calling for a safe peace; he made peace a derivative of security. This undermined the key campaign position issue of incumbent Prime Minister Peres, which made security a derivative of peace. Emotions and terrorism contributed to a negative prospective voter assessment of the peace process and overshadowed retrospective dimensions of perform- ance, state of the economy and leadership. Analysis of campaign- generated issues indicates that election campaigns do make a difference. KEY WORDS n campaign strategies n electoral systems n Israel The 1996 Israeli national elections were held under a new and unique elec- toral rule: the prime minister was elected through personal elections in one 1354-0688(200001)6:1;95–106;011276 06 – Torgovnik 4/1/00 12:11 pm Page 96 PARTY POLITICS 6(1) national constituency while the parties ran in a national proportional rep- resentation system. -
Frankfurter, Abstention Doctrine, and the Development of Modern Federalism: a History and Three Futures Lael Weinberger†
ARTICLE Frankfurter, Abstention Doctrine, and the Development of Modern Federalism: A History and Three Futures Lael Weinberger† In its first century and a half, the Supreme Court never used the term “feder- alism” in its opinions. The Court had talked about federal-state relations before, but the concept had gone unlabeled. That changed in 1939. Something new was hap- pening, thanks in large part to Justice Felix Frankfurter. Just a month after joining the Court, Frankfurter authored the Court’s first opinion using the term “federal- ism.” Frankfurter introduced federalism as a key concept for analyzing the relation- ship between state courts and federal courts. Before long, Frankfurter would rely on federalism to fashion an original and enduring doctrine of judicial federalism: ab- stention, which requires federal courts to sometimes refrain from hearing cases that are within their jurisdiction. This Article provides a historical study of Frankfurter’s contribution to the modern law of judicial federalism. It documents Frankfurter’s theory of federalism in his judicial opinions with a focus on the abstention cases. It also shows how the abstention cases and their concept of federalism were rooted in Frankfurter’s Pro- gressive politics. They were a reaction to what he perceived as the federal courts’ anti-regulatory and anti-labor attitudes. The history—relevant today as the political discussion around the courts again echoes the Progressive Era—sets the stage for considering the future of abstention. I suggest three possibilities. The first, an originalist future, would more or less main- tain the contemporary Supreme Court’s status quo on abstention, somewhat more modest than what Frankfurter envisioned: a cautious use of abstention in a rela- tively small number of equitable cases. -
Election Contests and the Electoral Vote
Volume 65 Issue 4 Dickinson Law Review - Volume 65, 1960-1961 6-1-1961 Election Contests and the Electoral Vote L. Kinvin Wroth Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation L. K. Wroth, Election Contests and the Electoral Vote, 65 DICK. L. REV. 321 (1961). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol65/iss4/3 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. ELECTION CONTESTS AND THE ELECTORAL VOTE BY L. KINVIN WROTH* The extremely close presidential election of 1960 stirred a problem that has long lain dormant. As the result of a recount of the popular vote in Hawaii, Congress, in its joint meeting to count the electoral vote, was presented with conflicting returns from a state for the first time since the Hayes-Tilden controversy of 1877. Since the outcome of the election was not affected, the joint meeting accepted the result of the recount proceeding, and the votes given by Hawaii's Democratic electors were counted.' The once fiercely agitated question of the location and nature of the power to decide controversies concerning the electoral vote was thus avoided. This question, arising from an ambiguity in the Constitution, has long been deemed settled by the statutory provisions for the count of the electoral vote made in the aftermath of the Hayes-Tilden controversy.2 The system for resolving electoral disputes which this legislation embodies has never been tested, however.