Another Way, by Lawrence Lessig S6: Special Election Episode
Nov 10, 2024
Join Derek Muller, a leading election law scholar from Notre Dame, Ned Foley, an expert on constitutional election law, and Matthew A. Seligman, a fellow at Stanford, as they dissect the complex landscape of U.S. presidential elections. They analyze the implications of close elections on public trust and discuss the intricacies of the election certification process. The trio also examines possible reforms, the impact of recent legal changes, and the challenges posed by election disputes, emphasizing the need for clarity and stability in democratic processes.
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Force Majeure Clause in ECRA
- The Electoral Count Reform Act (ECRA) allows states to extend election timelines.
- This is only applicable under force majeure, like catastrophic events, and must be defined by pre-existing state law.
Indiana's Poll Extension Law
- Indiana's law allows court-ordered poll extensions to accommodate delays, potentially extending voting to the next day.
- This existing procedure is now applicable to presidential elections due to the ECRA.
Fifth Circuit Ruling on Mail Ballots
- The Fifth Circuit ruled against counting late-arriving mail ballots due to ECRA's election day provision.
- This raises questions about the validity of votes from those in line at poll closing time but after midnight.