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Tuesday, October 22, 2024

Election Guardrails

Many posts have discussed the legal aspects of elections.

 Richard Pildes at Election Law Blog:

As we get closer to the election, we will see numerous about various ways partisan actors might try to corrupt the outcome. A recent essay Neal Katyal authored in the New York Times is a good illustration of these anxieties. Katyal raised several nightmare scenarios for “a potential election crisis” under which, in his view, corrupt partisan actors could seek to deprive Vice President Kamala Harris of a lawful victory, if in fact she wins the election.

I’ve posted this essay on Lawfare going point by point through the scenarios Katyal raises to explain the legal, institutional, and political guardrails in place to thwart various efforts to corrupt the outcome of the election. This is a companion essay to the recent ELB post I did here, explaining in more specific legal terms how the bipartisan Electoral Count Reform Act works.

My Lawfare essay is too detailed to excerpt easily, but here’s how it concludes:

Post-voting partisan efforts to manipulate the process could undermine public confidence, be disruptive, and even lead to civil unrest. But there are many more mechanisms in place than a lot of anxious public commentary recognizes to ensure the lawful outcome of the 2024 election.