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Faithless Electors And The National Popular Vote Interstate Compact After Chiafalo V. Washington, Coy Westbrook
Faithless Electors And The National Popular Vote Interstate Compact After Chiafalo V. Washington, Coy Westbrook
St. Mary's Law Journal
In conclusion, the opinion of the Court in Chiafalo sets a dangerous precedent. The Court gave the states the power to control and to remove electors who failed to cast their votes in accordance with the candidate who won their state’s electoral votes. However, with the growth of the National Popular Vote now in sixteen jurisdictions, there are questions as to whether the Supreme Court, when faced with a challenge to this interstate compact, would hold that the Compact was in violation of the Constitution. Additionally, with the possibility that the NPVIC may violate state constitutions, there will be rigorous …
The Electoral Count Mess: The Electoral Count Act Of 1887 Is Unconstitutional, And Other Fun Facts (Plus A Few Random Academic Speculations) About Counting Electoral Votes, Jack Beermann, Gary Lawson
The Electoral Count Mess: The Electoral Count Act Of 1887 Is Unconstitutional, And Other Fun Facts (Plus A Few Random Academic Speculations) About Counting Electoral Votes, Jack Beermann, Gary Lawson
FIU Law Review
In this essay, and in light of the controversy that arose in the wake of the 2020 presidential election, we explain the constitutional process for counting electoral votes. In short, every four years, the Twelfth Amendment requires the President of the Senate (usually the Vice President of the United States) to open certificates provided by state presidential electors and count the votes contained therein. The Constitution allows no role for Congress in this process, and thus, the provisions of the Electoral Count Act purporting to grant Congress the power, by concurrent resolution, to reject a state’s electoral votes, is unconstitutional. …