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Post date January 14, 2021

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Stunned. Just stunned. pic.twitter.com/iNeUTp8AWC

Posted by

Igor Bobic (igorbobic)
on Wednesday, January 13th, 2021 4:02pm

Retweeted by

Michael Novakhov (mikenov)
on Thursday, January 14th, 2021 11:28am

47807 likes, 13542 retweets

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The Lawfare Podcast features discussions with experts, policymakers, and opinion leaders at the nexus of national security, law, and policy. On issues from foreign policy, homeland security, intelligence, and cybersecurity to governance and law, we have doubled down on seriousness at a time when others are running away from it. Visit us at www.lawfareblog.com.

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As the prospect of broader election reform has grown more remote, bipartisan discussions have increasingly come to center on one long standing law: the Electoral Count Act of 1887. Designed to regulate the process through which Congress counts electoral votes, ambiguities in this antiquated law have been a frequent source of anxiety, most recently in the wake of the 2020 election, when many feared outgoing President Trump would successfully capitalize on them to prevent the certification of his loss. To discuss the Electoral Count Act and its potential reform, Scott R. Anderson sat down with Ned Foley, a professor at The Ohio State University Moritz College of Law and a leading expert in election law. They discussed the ordinance of the act, a recent congressional report outlining possible reforms and what limits the Constitution may put on what reform can accomplish.

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