@ThePlumLineGS: Reforming the Electoral Count Act as a key safeguard against a future stolen election [ungated] – “Democrats should push for ECA reform, and I expect they will. But nothing will pass as long as the filibuster remains.” (via; previously)
In a great new draft paper, election law scholar Richard L. Hasen warns that we face “serious risk” of “election subversion” or an “actual stolen election.” Hasen discusses reforms that could avert such scenarios, which will also be the topic of a conference on Friday.
In the last election, no GOP legislature appointed rogue electors, a majority of Congress voted to uphold Biden’s electors, and Pence ultimately backed away from the plot. But some GOP legislators did consider this scheme, around 150 congressional Republicans did vote to subvert Biden’s electors, and Pence did explore the outer limits of what he might do for Trump.
And if the GOP controls the House and Senate on Jan. 6, 2025, Congress can simply count rogue electors sent by a given state, or refuse to count the rightful ones. If Republicans control just the House, Congress might deadlock, prompting a contingent election in the House decided by state delegations, and the Republican would win.
also btw…
- Trump’s new interviews and appearances show that a storm is brewing – “Hasen said widespread acceptance of the Big Lie has greatly increased the chances that ‘we could see a stolen election in 2024.’ And Bassin added a global POV, pointing out that ‘if you look around the world, democracy is actually in the midst of a grave recession.'”
- Our constitutional crisis is already here – “Trump’s charges of fraud in 2020 are not about looking back, as many Republicans insist. They are about establishing the predicate to challenge future election results more effectively.”
- Why the Fear of Trump May Be Overblown – “He and his enablers really are a threat to democracy. But that isn’t because he’s so powerful.”