Electoral College Questions

[Arthur D. Wolf]

        I agree with the proof issues involving any question surrounding
elections.  We treat them as we treat any other evidentiary issue in other
law suits.  The only limitation would be the evidentiary privilege that
state (and federal) law extends to the voting choices of citizens.  Without
the citizen's consent (and even maybe with it), it can not be inquired
into; we need to proceed very carefully with litigation involving the
secret ballot.

        Judges, from time to time, do invalidate elections and order a new
election.  Many of these occur in the context of union elections under the
federal labor laws, but some also involve the governmental election
process.  Ordering a new election only in those jurisdictions (counties??)
where irregularities have been proved that would have affected the
state-wide outcome would make sense, but the showing would have to be
strong on the facts and for such equitable relief.  Throwing out election
returns and ordering new ones is not something judges and the law favor.

        On the electoral college, I understand that over 700 proposals have been
introduced in Congress over the past 200 years to modify or abolish the
electoral college.  Expect that number to rise in January.


                                Art Wolf
                                Western New England College









At 04:32 PM 11/8/2000 -0500, you wrote:
>               Dan Conkle
>* * * * * * * * * * * * * * * * * * * * * * *
>Daniel O. Conkle
>Professor of Law
>Indiana University School of Law
>  47405
>(812) 855-4331
>fax (812) 855-0555
>mailto:conkle at indiana.edu
>* * * * * * * * * * * * * * * * * * * * * * *  Richard  Dougherty writes in
>part as follows:  5.) From U.S. Code, concerning the failure to choose
>electors in the November election:
>TITLE 3 - THE PRESIDENT, CHAPTER 1 - PRESIDENTIAL ELECTIONS AND VACANCIES
>Sec. 2. Failure to make choice on prescribed day
>-STATUTE- Whenever any State has held an election for the purpose of
>choosing electors, and has failed to make a choice on the day prescribed by
>law, the electors may be appointed on a subsequent day in such a manner as
>the legislature of such State may direct.
>  (June 25, 1948, ch. 644, 62 Stat. 672.)  Richard Dougherty
>University of Dallas