December 8 Deadline for Selection of Electors Does Not Apply to Disputed States, Amistad Project Says

In a white paper released Friday, The Amistad Project of the non-partisan Thomas More Society is arguing that the current Electoral College deadlines are both arbitrary and a direct impediment to states’ obligations to investigate disputed elections.

The research paper breaks down the history of Electoral College deadlines and makes clear that this election’s Dec. 8 and Dec. 14 deadlines for the selection of Electors, the assembly of the Electoral College, and the tallying of its votes, respectively, are not only elements of a 72-year old federal statute with no Constitutional basis, but are also actively preventing the states from fulfilling their constitutional — and ethical — obligation to hold free and fair elections. Experts believe that the primary basis for these dates was to provide enough time to affect the presidential transition of power, a concern which is obsolete in the age of internet and air travel.

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