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November 09, 2020 RAPID RESPONSE

November 3, 2020: The View From November 10

What will the legal landscape look like one week after November 3, 2020? Predictions about election results vary from a peaceful count to disputed electors, protracted litigation, Congressional turmoil, and Supreme Court involvement. Existing laws, such as the Presidential Succession Act, the Electoral Count Act, and the 12th Amendment, leave room for interpretation about proper procedures. Distinguished experts in election law and constitutional law examine the post-election landscape, the laws, the gaps, and the options we may face on November 10 and thereafter. Questions include: What happens if a candidate for president or vice president becomes seriously ill before the election is resolved or before the inauguration? When must states finalize counting ballots? Are all states applying “winner take all” rules to their electors? Can states enforce electors’ pledges to vote for the winner of the popular vote? Can states appoint different electors to vote for the loser of the popular vote? What happens if a state’s election results remain in dispute by the December 8 deadline for certifying electors? What happens if competing slates of electors claim legitimacy in the Electoral College? Can the Senate President choose which elector slate to accept? What happens if there is no undisputed winner? Watch this webinar to become a more informed citizen-lawyer.


  • Richard L. Hasen, Chancellor’s Professor of Law and Political Science, University of California, Irvine School of Law
  • Justin Levitt, Professor of Law and Gerald T. McLaughlin Fellow, Loyola Law School
  • Myrna Pérez, Director of Voting Rights & Elections, Democracy, Brennan Center for Justice


  • Jason A. Abel, Partner, Steptoe & Johnson LLP; Special Counsel, Specialized Practice Division, ABA Section of Civil Rights and Social Justice


Transcript: November 3, 2020: The View From November 10

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