Lessig and Seligman laid out ways to resolve this months ago.
One option is that Congress could pass a law declaring that any change a state legislature makes to its results after the popular vote would render the electoral votes not “regularly given,”
which under the ECRA would open them to congressional challenge.
Another option: States could affirm that electors are required to carry out the will of the voters.
Or a legislature could pass a new law before the election granting itself authority to direct electors to vote for the legislature’s choice regardless of the popular vote
—so there would be time for the Supreme Court to strike down that bill (assuming it would).
NONE OF THIS IS LIKELY to occur in time.
Election deniers are already preparing to start the steal.
When I asked Lessig what was his worry level
—about what Trump would try
—on a scale from 1 to 10, he said
“If it’s close, then I’m at 10."
To [Trump], it’s existential. . . . There’s no reason he would hesitate at all to do whatever he can.
#Lessig #Seligman #Chiafolo #Washington