Tag Archive for: Electoral Count Act

Georgia Case: Kenneth Chesebro’s False Electors Scheme Was Unlawful, According To Legal Analysis In Just Security

“There is no legal or historical basis whatsoever to support the lawfulness of that plan.” A new in-depth report in Just Security, examines the Fulton County Georgia DA’s case against attorney Kenneth Chesebro, his key role in the false electors scheme to overturn the 2020 presidential election result in Georgia and six other states, and […]

Meet “Co-Conspirator #4”

Fred Wertheimer’s Weekly Note  |  August 3, 2023 Jeffrey Clark is presumed to be “Co-Conspirator 4” in the indictment of former President Donald Trump filed this week. Clark will go down as a footnote in history, but had Trump’s scheme to overturn the election succeeded, he might have changed history. In 2020, Clark was serving […]

The Trump Coup That Could Have Succeeded

Fred Wertheimer’s Weekly Note | December 22, 2022 On November 4, 2020 — one day after Election Day 2020 — Rick Perry, Trump’s Energy Secretary, contacted White House Chief of Staff Mark Meadows with a proposal. Perry proposed an “AGRESSIVE [sic] STRATEGY” to have Republican-controlled state legislatures in key battleground states override the voters and […]

Congress Is Very Close To Finally Closing A Dangerous Election Law Loophole

Fred Wertheimer’s Weekly Note | December 15, 2022 The Electoral Count Reform Act (ECRA) is essential legislation that would close a dangerous loophole in the 19th-century Electoral Count Act. The loophole would permit a state legislature to replace the presidential electors chosen by the state’s voters on Election Day with the choice of the legislature. […]

Moore v. Harper Explainer: The “Independent State Legislature Theory” Will Not Empower State Legislatures To Override Presidential Election Results

The Supreme Court will hear oral argument in the case Moore v. Harper on Wednesday, December 7. In Moore v. Harper, a gerrymandered North Carolina congressional map that was rejected by the state’s Supreme Court is being defended by North Carolina legislators who claim the state court’s decision violates the so-called “independent state legislature theory.” There is a […]

Al Hunt Op-Ed In The Hill: Reports Of The Death Of Election Denialism May Be Greatly Exaggerated

“The current congressional lame duck session may be one of the most consequential,” Albert Hunt writes in an op-ed published yesterday in The Hill. “On the table are a long-term extension of the debt ceiling, aid to Ukraine, fiscal and tax matters, immigration and — at the top of the list — an election reform measure.” […]

Wertheimer On Brookings: The “Independent State Legislature Theory” Will Not Empower State Legislatures To Override Presidential Election Results

There is a key misconception about the potential impact of an upcoming Supreme Court case and the “independent state legislature theory,” Democracy 21 President Fred Wertheimer writes in an op-ed published on Brookings. The misconception, Wertheimer writes, is this: “[I]f the ‘independent state legislature theory’ is adopted by the Supreme Court in the case of Moore v. […]

A Major Misconception About The “Independent State Legislature Theory”

Fred Wertheimer’s Weekly Note | October 20, 2022 On December 7, the Supreme Court will hear oral argument in Moore v. Harper, a case which could dramatically and dangerously rewrite American democracy. In this case, a North Carolina redistricting plan that was rejected by the state’s Supreme Court is being defended by North Carolina legislators who […]

Thursday’s Jan. 6 Hearing And What Comes Next

Fred Wertheimer’s Weekly Note | October 13, 2022 Thursday, October 13 marks the last scheduled public meeting of the House January 6th Committee that is examining former President Trump’s attempted coup, the violent, insurrectionist attack on the Capitol he incited, and the events surrounding his efforts to overturn the 2020 election. The Committee is expected […]

Progress On Electoral Count Act Reform In Congress; SCOTUS To Consider “Independent State Legislature Theory”

Fred Wertheimer’s Weekly Note | September 29, 2022 Two critical issues that go to the heart of the integrity of our elections will play out this fall – one in Congress and one in the Supreme Court. Electoral Count Act Reform Moves Forward In Congress In the past two weeks, Congress has made major progress […]