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The Electoral Count Act is fixed: Presid...

The Electoral Count Act is fixed: Presidential transition remains in jeopardy

It was not easy, but Congress did what it took to prevent another Jan. 6. They rewrote the antiquated 1887 Electoral Count Act, which governs the counting of states’ electoral slates for president. President Joseph Biden approved this overdue reform when he put his name on the hulking Consolidated Appropriations Act in late December. For this, we all should […]

Did a libertarian cost Trump the electio...

Did a libertarian cost Trump the election? A Q&A with Jonathan Cervas

Mr. Trump will tell you that fraud cost him the election. Those of us who have analyzed the facts and data almost inevitably come to other explanations: grumpy voters beset with COVID-19 and a crummy economy, high Democratic turnout stoked by Trump’s relentless trolling of the left, GOP voters who were put off by The […]

What’s the harm of refusing to concede?

What’s the harm of refusing to concede? A Q&A with Florian Justwan and Ryan D. Williamson

Readers of these Election Reform Q&As may recall that I interviewed the R Street Institute’s Matt Germer about the importance of loser’s consent for our democratic system. In short, our democratic republic exists by the consent of the governed, and that consent is renewed when we hold elections and accept the results. But the gripe “We wuz […]

Remarks on elections and federalism as a...

Remarks on elections and federalism as a double-edged sword

Arizona State University’s Center for Constitutional Design invited me to speak on a panel on this topic. I riffed on Prof. Rick Hasen’s remarks, which argued that federalism was increasing the perils of electoral mischief by politicos, and discussed my essay, “Elections, federalism, and the peril of a partisan race to the bottom.”