[EL] Electoral college changes and section 5

Rick Hasen rhasen at law.uci.edu
Wed Jan 23 16:48:45 PST 2013


Someone asked me what would happen if Virginia changes its method for 
allocating electoral college votes. Would such a change be subject to 
preclearance under section 5 of the Voting Rights Act? Or, given the 
state legislature's plenary power to set the rules for the allocation of 
electoral college votes as provided for in Art. II of the Constitution, 
is the preclearance requirement not applicable or unconstitutional as 
applied to electoral college allocations?

-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org




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