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U.S. federal law’s “safe harbor deadline” means that most presidential election law cases will be resolved by tomorrow, December 8. Today, David and Sarah discuss what’s next for Trump loyalists who have an unshakable belief that the election was stolen. Stay tuned for a conversation about changes to the citizenship test, a 9th Circuit transgender bathroom case where cert was denied, parental and student rights in public education, and why so many conservative lawyers don’t buy the Trump campaign’s legal strategy.
Show Notes:
-U.S. code on meeting and voting of electors, determination of controversy as to appointment of electors, and counting electoral votes in Congress.
-“Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management” by Edward Foley in the Loyola University Chicago Law Journal.
-“The ‘Safe Harbor’ Deadline Is upon Us” by Jim Geraghty in National Review.
-“Why Do So Many Americans Think the Election Was Stolen?” by Ross Douthat in the New York Times.
-Brown v. Hot, Sexy and Safer Productions, Inc.
-“Coronavirus: When a High-Trust Response Is Required in a Low-Trust Time” by David French in The Dispatch.
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I was a lawyer and I still don't understand 3 USC 15
I would appreciate if Sarah and David could address the very real problem of hackable voting machines, which have been discussed for many years now by serious people, many of whom warned us about the potential for a disputed election. I am talking about people like Prof Alex Halderman and the DEFCON Voting Village conferences that have easily hacked every voting machine available and provided a detailed report with screen shots and descriptions of appalling security risks. Unless these security risks are addressed, every election will be contested with people pointing to these reports. I mean if you think about how hard companies like Google work to patch security issues, it is very unlikely that a relatively small company like Dominion or any other voting machine vendor would test their systems as vigorously, and it shows when people can hack the machines so easily. I read the report, and my jaw was on the floor half the time.