Election Law Expert Jerry H. Goldfeder Files Amicus in U.S. Supreme Court in Presidential Elector Case

Election law expert Jerry H. Goldfeder, an attorney and professor, and the author of the leading handbook explaining New York election law procedures, has filed this amicus curiae brief in the U.S. Supreme Court in Chiafalo v State of Washington, the presidential elector case.

Goldfeder outlines the circumstances in which an unexpected event might disrupt presidential election day in the United States. He discusses hurricanes, floods, blizzards, earthquakes, terrorist attacks, and significant epidemics. Any of these, if severe enough, might shut down polling in a state and if the election were close, the outcome of the entire presidential election could be in question. Because there is no provision for a re-vote for president (federal law requires states to choose presidential electors in the first week of November in years divisible by four), there might be no solution to settling the election except for an informed decision of the electors in December. The amicus also talks about the possibility of learning something alarming about a president-elect immediately after the popular vote but before the electoral college meets. He suggests a severe heart attack, for example. He concludes that it is essential that electors retain freedom of choice.


Comments

Election Law Expert Jerry H. Goldfeder Files Amicus in U.S. Supreme Court in Presidential Elector Case — 1 Comment

  1. US Code

    https://uscode.house.gov/browse/prelim@title3/chapter1&edition=prelim

    TITLE 3—Front Matter
    CHAPTER 1—PRESIDENTIAL ELECTIONS AND VACANCIES (sections 1 to 21)
    CHAPTER 1—Front Matter
    Sec. 1. Time of appointing electors (view pending updates)
    Sec. 2. Failure to make choice on prescribed day
    Sec. 3. Number of electors
    Sec. 4. Vacancies in electoral college
    Sec. 5. Determination of controversy as to appointment of electors
    Sec. 6. Credentials of electors; transmission to Archivist of the United States and to Congress; public inspection
    Sec. 7. Meeting and vote of electors
    Sec. 8. Manner of voting
    Sec. 9. Certificates of votes for President and Vice President
    Sec. 10. Sealing and endorsing certificates
    Sec. 11. Disposition of certificates
    Sec. 12. Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate
    Sec. 13. Same; demand on district judge for certificate
    Sec. 14. Forfeiture for messenger’s neglect of duty
    Sec. 15. Counting electoral votes in Congress
    Sec. 16. Same; seats for officers and Members of two Houses in joint meeting
    Sec. 17. Same; limit of debate in each House
    Sec. 18. Same; parliamentary procedure at joint meeting
    Sec. 19. Vacancy in offices of both President and Vice President; officers eligible to act
    Sec. 20. Resignation or refusal of office
    Sec. 21. Definitions
    —–
    ALL the possibilities in the EC mess ???

    EVERY word constitutional ???

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.