Revised electoral votes

[Pamela Karlan]

See 3 U.S.C. § 3, which governs this issue.

At 11:18 AM 11/22/2000 -0500, you wrote:
>According to an estimate in National Journal recently, the states that Bush
>won stand to gain a total of six electoral votes as a result of the 2000
>census, while the states that Gore won stand to lose five votes.  (Those
>totals exclude Florida, which will gain one elector vote, but we still
>haven't figured out who should get that state's first 25 votes).  So
>suppose that Bush had lost the electoral vote by just four votes or so.
>Would he have any claim under the Court's reapportionment jurisprudence?
>Could Congress update the electoral votes (if necessary, by conducting more
>frequent censuses) prior to every presidential election year with this in
>mind?  And as a matter of popular perceptions, how would Bush's claim under
>that scenario compare to Gore's claims with respect to the majority of the
>popular vote right now?
>
>
>John Copeland Nagle
>Associate Professor
>Notre Dame Law School
>Notre Dame, IN 46556
>(219) 631-9407
>(219) 631-4197 (fax)
>
>


Pamela S. Karlan
Kenneth and Harle Montgomery Professor of Public Interest Law
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305-8610
karlan at stanford.edu
650.725.4851/725.0253 (fax)