How to Fix Our Remaining Election Vulnerabilities

, one of the biggest questions was to what degree the machinery of future elections would be controlled by politicians who campaigned on the premise that the 2020 Presidential vote was rigged. If enough Trumpian candidates won, the former President would have the chance in 2024 to do what he tried to do last time: steal the Presidency. And, indeed, the New Yorkthat more than two hundred candidates who called the 2020 result into question were elected to various offices two weeks ago.

There are more than four states where election skeptics won secretaries-of-state races. That’s worrisome, and it shows a lack of commitment to the rule of law, but those states are not going to be swing states. Furthermore, at least the Michigan legislature, and probably the Pennsylvania legislature, are no longer in a position where Donald Trump could try to manipulate them into putting in a second fake slate of electors.

These are still theoretical possibilities—which is why Congress urgently needs to pass that E.C.A. reform bill, which looks like it has a good shot in the lame-duck session. Because the system depends on people acting in good faith, and many of the people who’ve indicated that they would not act in good faith lost their elections, I am somewhat less terrified now.Congress may not pass E.C.A. reform, and that means there are potential ways that Trump could try to get legislatures to flip.

A better reading of the E.C.A., which is the reading that Pence had, is that the Vice-President has no power to unilaterally throw out Electoral College votes. Similarly, there’s a provision in the federal law that says that when there is a failed Presidential election in a state, the state legislature can step in and appoint its own slate of electors.

So, essentially, if you had a Congress that was sympathetic to Republican state legislatures, and a U.S. Supreme Court sympathetic to them, then these Republican state legislatures could make whatever rules they want? Although this case is being seen as something that would help Republicans, if in fact the Supreme Court went so far as to say that state legislatures are supreme, and you can’t have redistricting commissions unless they’re set up by legislatures, the California legislature would immediately engage in a big gerrymander. The New York legislature, which was stopped by the state courts, would engage in a gerrymander. The Maryland legislature would engage in a gerrymander.

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