Me @NRO: Rick Hasen’s Misleading Account of the Article II Electors Arguments, a response to @rickhasen https://www.nationalreview.com/corner/rick-hasens-misleading-account-of-the-article-ii-electors-arguments/ …pic.twitter.com/9JgTNwTkjN
Senior Writer @NRO. Reaganite, Catholic, Mets fan, ex-lawyer. Opinions 100% my own, but you can share them. Not the Cardinals broadcaster.
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Me @NRO: Rick Hasen’s Misleading Account of the Article II Electors Arguments, a response to @rickhasen https://www.nationalreview.com/corner/rick-hasens-misleading-account-of-the-article-ii-electors-arguments/ …pic.twitter.com/9JgTNwTkjN
Great article Dan. I wonder your thoughts on a third possibility, one I believe reasonably flows from #1 and Electors Clause: that state legislatures could find popular vote in violation of state election laws and/or fraudulent & vote for electors. Not, mind you, for any 1/
2/2 reason, and especially not b/c they don't like outcome, but b/c the state election officials or state courts ignored the rules the legislative branch established. Theoretically, would you agree?
That cannot be done under current law, nor should the laws be changed to allow it. That's a job best handled by the courts, not the legislatures. Under the Electoral Count Act, the power of legislatures to select late electors is reserved for when no election could be completed.
From policy perspective I think it is better handled by the legislatures. Cite re Electoral Count Act so I can ponder more? (Arguably unconstitutional if legislature found in violation of state statutes adopted by legislative branch.)
I discussed 3 USC 2 herehttps://www.nationalreview.com/2021/06/fixing-the-electoral-count-act-is-a-good-idea/ …
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