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Archive of posts filed under the Elections category.

Resources on State Recount and Contested Election Laws

[Correction: Professor Tokaji informs me that the page I linked to is no longer accessible from Moritz's main page and has not been kept updated since 2004 or so. My mistake. If anyone knows of more recent compilations, let me know and I will add them to this post].  What’s that you say? Where can [...]

Could New York Legally Add Another Day of Voting after Tomorrow?

There has been much discussion over the past week or so regarding the question of whether a presidential election can be postponed, either generally or in particular states, in the event of a natural disaster such as Hurricane Sandy. Professor Steve Huefner (a veteran of the Senate Legal Counsel’s office) has an excellent summary of [...]

Could Biden Vote Under the 12th Amendment?

In a previous post, we briefly discussed the question of whether the Vice-President could vote in the Senate in the event of an electoral college tie followed by a tie vote in the Senate to elect his successor under the 12th Amendment. Over at Balkinization, Professor Gerard Magliocca asks the same question. My view, which [...]

Are You Ready for the Romney-Biden Administration?

The Real Clear Politics Electoral College Map currently has the Obama/Biden ticket with 210 electoral votes and the Romney/Ryan ticket with 181. There are 12 “toss up” states with 156 electoral votes. If the toss up states are given to the slate to which they are currently leaning, Obama/Biden has 294 electoral votes and Romney/Ryan [...]

Can Joe Miller Win?

To recap briefly, Joe Miller successfully challenged incumbent Senator Lisa Murkowski in the 2010 Republican primary for a U.S. Senate seat from Alaska.  Murkowski then launched a write-in campaign for the general election, and it appears that there were many more write-ins than votes cast for Miller (or for the Democratic nominee, who has conceded).  [...]

Recall of U.S. Senators

           At the Volokh Conspiracy, Eugene Volokh has an interesting post about an effort in New Jersey to recall Senator Robert Menendez.  Apparently the New Jersey Constitution expressly allows recalls of federal legislators, but the N.J. Secretary of State is refusing to allow a petition for such a recall on the grounds that the U.S. [...]

Can Senator-Elect Brown be Seated Immediately?

            It may be recalled that during the controversy over the appointment of then Senator-designate Burris, one of the points of contention was whether the Senate required a certificate of appointment signed by the Illinois Secretary of State in order to seat Burris.  Senators Reid and Durbin maintained that Senate rules required such a certificate [...]

New York 23rd Looking to Extend its Fifteen Minutes of Fame

           According to The Hill newspaper, the special election race in New York’s 23rd congressional district is not quite over, as there remains a (remote) possibility that Conservative Party candidate Doug Hoffman could wind up with more votes than Democrat Bill Owens, who was seated in the House last week.                A state election official [...]

What Holder Did on DC Voting Rights

          In February I wrote to suggest that the DC Voting Rights Act poses a significant challenge to the view expressed by many regarding the need to “de-politicize” the Justice Department and the Office of Legal Counsel in particular.  The reason is that this view squarely conflicts with the political imperative of supporting the Act, which is, [...]

Will the Minnesota Courts “Report” to the Senate on the Coleman/Franken Election?

        Eric Black at MinnPost (hat tip, Rick Hasen’s Election Law Blog) suggests that the three-judge panel hearing the Coleman/Franken election contest might, after resolving the question of which candidate received the greater number of lawful votes, file a separate report with the Senate on Coleman’s contention regarding the use of different standards for counting [...]