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How to Steal a Presidential Election

Audiobook
1 of 1 copy available
1 of 1 copy available

From two distinguished experts on election law, an alarming look at how the American presidency could be stolen—by entirely legal means


Even in the fast and loose world of the Trump White House, the idea that a couple thousand disorganized protestors storming the U.S. Capitol might actually prevent a presidential succession was farfetched. Yet perfectly legal ways of overturning election results actually do exist, and they would allow a political party to install its own candidate in place of the true winner.


Lawrence Lessig and Matthew Seligman work through every option available for subverting a presumptively legitimate result—from vice-presidential intervention to election decertification and beyond. While many strategies would never pass constitutional muster, Lessig and Seligman explain how some might. They expose correctable weaknesses in the system, including one that could be corrected only by the Supreme Court.


Any strategy aimed at hacking a presidential election is a threat to democracy. This book is a clarion call to shore up the insecure system for electing the president before American democracy is forever compromised.


Lawrence Lessig is the Roy L. Furman Professor of Law and Leadership at Harvard Law School. Matthew Seligman is a fellow at the Constitutional Law Center at Stanford Law School and a partner at Stris & Maher LLP.

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    • Publisher's Weekly

      April 1, 2024
      Harvard law professor Lessig (The Future of Ideas) and Stanford legal scholar Seligman investigate in this labyrinthine study several pathways by which a “MAGA Republican” candidate might narrowly lose the electoral college vote, but triumph through legal chicanery. Included are several scenarios that hinge on the byzantine Electoral Count Reform Act of 2022, which governs how Congress counts electoral college votes from states. In one such scheme, a rogue Republican governor alleges nonexistent election fraud to certify a bogus slate of electors, and a Republican House majority votes to accept it. Other scenarios include faithless Democratic electors coerced by right-wing threats; the passage of state laws declaring the state legislature the judge of election results; and state legislatures simply canceling a presidential election and choosing the state’s electors themselves, a procedure that the authors worry could be interpreted as constitutional. Lessig and Seligman explain these strategies in intricate detail while keeping their arguments lucid and comprehensible for laypeople. They recommend legal tweaks to make subversion harder, but warn that no law can protect election integrity if politicians won’t defend it. Though the authors’ forecasts sometimes seem far-fetched, for the most part, this is a sobering look at how a coup might proceed through the courts. It’s worth checking out for legal observers and those involved with electoral law.

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