Lawfare Archive: Lawrence Douglas on Presidential Election Concessions
The Lawfare Podcast
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The Root Problem in 1876
In 1876, when it became the responsibility of Congress to count the electoral college votes, they had these competing certificates from three different states. And again, because Congress itself was divided and these states were just divided, this led to kind of a paralytic condition. The same exact scenario is brewing today in Pennsylvania, Michigan, and Wisconsin. If you look at those three states, they all share the same kind of political profile that Republicans control the state legislature and Democrats control the governorships.
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