Preparing for a Disputed Presidential Election- An Exercise in El
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Preparing for a Disputed Presidential Election- An Exercise in El
Loyola University Chicago Law Journaly°lume51_______ArticlesIssue 2 Winter 2019An,cie 42019Preparing for a Disputed Presidential Election: An Exercise Preparing for a Disputed Presidential Election- An Exercise in Ele in Election Risk Assessment and ManagementEdward B. FoleyFollow this and additional works at: https/Zlawecommons luc.edu/luclj Ô1 Part of the Law CommonsRecommended CitationEdward B. Foley, Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management. 51 L Preparing for a Disputed Presidential Election- An Exercise in Eloy. u. Chi. L. J. 309 (2020).Available at: https://lawecommons.luc.edu/luclj/vol51/iss273This Article is brought to you for free and open access by LAPreparing for a Disputed Presidential Election- An Exercise in El
W eCommons. It has been accepted for inclusion in Loyola University Chicago Lav/ Journal by an authorized editor of LAW eCommons. For more informationLoyola University Chicago Law Journaly°lume51_______ArticlesIssue 2 Winter 2019An,cie 42019Preparing for a Disputed Presidential Election: An Exercise Preparing for a Disputed Presidential Election- An Exercise in ElFoley *This Article considers the possibility that a major dispute over the outcome of the -020 presidential election could arise, even without foreign interference or some other extraordinary event, but rather just from the ordinary process of counting ballots. Building upon previous research on th Preparing for a Disputed Presidential Election- An Exercise in Ele "blue shift "phenomenon, whereby adjustments in vote tallies during the canvassing of returns tends to advantage Democratic candidates, it is easy tPreparing for a Disputed Presidential Election- An Exercise in El
o imagine a dispute arising if this kind of "blue shift" were consequential in the presidential race. Using examples from both Pennsylvania and ArizonLoyola University Chicago Law Journaly°lume51_______ArticlesIssue 2 Winter 2019An,cie 42019Preparing for a Disputed Presidential Election: An Exercise Preparing for a Disputed Presidential Election- An Exercise in Elally might metastasize into a full-fledged constitutional crisis. The most frightening scenario is where the dispute remains unresolved on January 20. 2021. the date for the inauguration of the new presidential term, and the military IS uncertain as to who is entitled to receive the nuclear codes as Preparing for a Disputed Presidential Election- An Exercise in El commander-in-chief, ỉn order to avoid this risk. Congress should amend the relevant statute. 3 us e. § 15.Introduction...............................Preparing for a Disputed Presidential Election- An Exercise in El
..........310I.From November 3.2020 Through December 14.2020.....315A.What Could Happen...........................315B.Analysis.......................Loyola University Chicago Law Journaly°lume51_______ArticlesIssue 2 Winter 2019An,cie 42019Preparing for a Disputed Presidential Election: An Exercise Preparing for a Disputed Presidential Election- An Exercise in El..................3231. The Electoral Count Act.................329III.January 6.2021, Through January 20.2021 ........335A. What Could Happen...........................335B Analysis: The Arizona Alternative............339* Ebersold Chan in Constitutional Law and Dnectcr. Eiecilon Lav ậ Sforiu. Ohio Preparing for a Disputed Presidential Election- An Exercise in El State University Moritz College of Law. Many thanks to all who provided feedback on previous drafts.309310Loyola University Chicago Law Journal [Vol.Preparing for a Disputed Presidential Election- An Exercise in El
51IV.The Role of the Supreme Court in Potential ElectoralCount Con I Kovi.Rsif.s.............................341.1 Before rhe Electoral College MeetsLoyola University Chicago Law Journaly°lume51_______ArticlesIssue 2 Winter 2019An,cie 42019Preparing for a Disputed Presidential Election: An Exercise Preparing for a Disputed Presidential Election- An Exercise in El..............348Conclusion..............................................350Ai’1’1 NUIX.............................................351Loyola University Chicago Law Journaly°lume51_______ArticlesIssue 2 Winter 2019An,cie 42019Preparing for a Disputed Presidential Election: An ExerciseGọi ngay
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