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September 17, 2019

Legal Fact Check explores the history and workings of the Electoral College

WASHINGTON, Sept. 17, 2019 — The American Bar Association has posted a new ABA Legal Fact Check, which coincides with Constitution Day, that explores the history and workings of the Electoral College and looks at whether states have some leeway to make changes to how their representatives are chosen.

The National Archives reports that over the past 200 years more than 700 proposals have been introduced in Congress to reform or eliminate the Electoral College. None has become law because of constitutional hurdles. The Constitution and the courts, however, have allowed the states some leeway to make changes to how their electors are chosen. Two closely watched court cases stemming from the 2016 electoral process could lead to the states getting more guidance.

ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to sometimes confusing legal questions and issues. For coverage of other timely issues in the news, these prior ABA Legal Fact Checks might be helpful:

  • Click here on whether it is illegal to boycott the 2020 U.S. census
  • Click here for legal backgrounder on contempt of Congress
  • Click here for under what circumstances, if any, would a president be above the law
  • Click here for legal look on the authority of a president to issue pardons
  • Click here on a president’s emergency powers
  • Click here on what legally constitutes the crime of treason

The URL for the site is Follow us on Twitter @ABAFactCheck.

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