The Mechanisms of Elector Selection

The podcast discusses the potential complications arising during the selection of presidential electors, especially in closely contested elections. It highlights the possibility for state legislatures to attempt to select multiple slates of electors, even after a presumptive slate has been established based on popular vote. This scenario is made plausible due to legal ambiguities within existing statutes, particularly referencing 3 U.S. § 2, which outlines conditions under which legislatures can appoint electors if no choice has been made on election day. The debate centers around whether the law should provide this power to the legislature and what implications this flexibility has for the integrity of the electoral process.