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Another Way, by Lawrence Lessig

Another Way To Elect A President: The Electoral Count Act (Part 6)

Oct 30, 2020
58:09
Snipd AI
In a captivating discussion, Professor Stephen Siegel, a Law Professor at DePaul University and expert on the Electoral Count Act, dives into the historical significance of this 1887 legislation. He addresses the complexities of election disputes, including contentious moments like Bush v. Gore. Siegel explains the process Congress follows when counting electoral votes, potential partisan challenges, and the importance of effective oversight. Listeners gain insights into navigating electoral controversies and the balance of power between state and federal authorities.
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Podcast summary created with Snipd AI

Quick takeaways

  • The Electoral Count Act underscores the importance of resolving electoral disputes at the state level to minimize congressional intervention.
  • Partisan divisions in Congress can significantly affect the integrity of electoral processes, complicating the acceptance of competing elector slates.

Deep dives

The Electoral Count Act and Its Historical Context

The Electoral Count Act, established in 1887, arose from the contentious presidential election of 1876, during which multiple states submitted conflicting electors' slates to Congress. This election highlighted the need for a systematic approach to handling electoral disputes to prevent confusion and potential conflict. The Act aims to keep election controversies at the state level, encouraging states to establish swift recount procedures to resolve electoral disputes before Congress has to intervene. As a result, the Act emphasizes state authority and aims to minimize Congress's role in electoral disputes, which was a significant concern following the divisive elections of the post-Civil War era.

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