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Sep. 5, 2024

The Electoral Count Reform Act and the risk of mass refusals to certify the 2024 election

The 2022 Electoral Count Reform Act limits the Vice President's role and raises the thresholds for Congress to object to electors. However, a key vulnerability is the risk of mass refusals to certify the election, potentially leading to a House of Representatives decision under the Twelfth Amendment.

John H. Minan

Emeritus Professor of Law, University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

Shutterstock

Former President Donald Trump continues to whine about election fraud. Through constant repetition of this baseless claim, he has convinced his MAGA allies that the 2020 election was stolen, and that cheating and electoral fraud are still afoot by Democrats in 2024. Many are convinced that Trump will do anything and everything to reclaim the presidency to avoid the pending criminal charges against him by the DOJ and Georgia.

The state counting and certification of election result...

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