Mark Bohnhorst, Reed Hundt, Kate Morrow, & Aviam Soifer (University of Hawaii at Manoa - William S. Richardson School of Law) have posted Presidential Election Reform: A Current National Imperative (Lewis & Clark Law Review, Vol. 26, 2022) on SSRN. Here is the abstract:
This brief paper suggests several important practical reforms in how we choose our President and Vice President. It first identifies problems with the Electoral College process, and proposes solutions that would not require a constitutional amendment. The paper also discusses how the long-forgotten provisions of Section 2 of the Fourteenth Amendment authorize reduction in the electoral votes from states whose legislatures deprive or abridge the right of the people to vote for their presidential electors. By exploring the history and language of Section 2, this paper demonstrates that it was ratified with the specific purpose of preventing state legislatures from usurping the popular Electoral College vote in their states. The paper maintains that Congress has the authority to enact several important presidential election reforms, and that it is our duty to ensure that the people’s voice is not taken away in the presidential election process.
