Podcast

This is a mini-series podcast discussing the Electoral College. The series is part of Equal Citizens’ weekly podcast Another Way. Subscribe to it through:

E1: Intro. This intro provides some historical and legal background for what could be a presidential election unlike any other. Stay tuned for additional episodes. E2: The Red Mirage. In this episode in our presidential election miniseries, we discuss election night itself. Will there be some states where early returns favor Trump even if Biden might win when all the votes are counted? If so, what can we do to mitigate any misunderstanding or misinformation from the media or the candidates? E3: State Recounts. In this episode of our mini-series on presidential elections, we take a look at three examples of how states handled recounts in close elections. Are we in for a redo of Florida in 2000—or does Hawaii in 1960 provide a better example? A companion series of blog posts related to this episode can be found at http://takecareblog.com.

E4: Can a Legislature Appoint a New Slate of Electors? In this episode in our presidential election mini-series, we take a deep dive into 3 USC 2, a federal law that some way permits state legislatures to declare an election null and void and appoint presidential electors directly. We explain the true purpose of this law—spoiler alert: it wasn’t to let states nullify elections—and discuss what arguments there might be if things go haywire next week. Matthew Seligman wrote about this recently at https://talkingpointsmemo.com/cafe/the-good-but-also-ominous-news-from-the-supreme-court-about-voting-in-pennsylvania.

E5: The Presidential Electors. In this episode in our presidential election miniseries, we talk about the vote of the electoral college. Who are the electors, how do they cast their votes, and what could possibly go wrong?

E6: The Electoral Count Act. In this episode, we speak with Professor Stephen Siegel, a Professor of Law at DePaul University, about the Electoral Count Act, which sets the rules for Congress when it counts electoral votes. We explain what happens if there is just one slate and how Congress might resolve a controversy if there are competing slates of electors from one state.

E7: The Death of a Candidate. In this episode in our mini-series, we answer the question: what happens if a candidate dies right before or after the popular vote? The answer: it could get complicated. For more on this topic, see the op-ed by Larry and Jason here.

E8: What happens if no candidate gets a majority in the Electoral College? There’s no guarantee that either candidate will get a majority in the Electoral College. In this episode, we explore what happens then.

E9: The VP’s role. In this last regular episode of our mini-series about the road to selecting a president, we are joined by David Fontana of GW Law to talk about the Vice President. What role does the Constitution give the Vice President in counting electoral votes? And can this be manipulated?

E10: Jumping the Shark. In this last episode in our mini-series, we bat around a few outrageous scenarios. Will votes be tossed out en masse? Can the House just refuse to count any votes at all? Find out!