[EL] Article II state legislative power at the 11th hour

[Steven John Mulroy (smulroy)]

Apologies if this has already been discussed recently on this listserv. 

Much chatter lately about Republican controlled state legislatures just declaring a Biden victory fraudulent and exercising their article Ii power to just directly appoint electors. Agreed that any legislature would have the ability to do this in advance of an election. But it strikes me as dicey that they could do so after the election. I'm aware of some circuit court authority talking about due process problems involved in changing the rules of an election in the middle of the game. And  Bush v Gore said that having once established an electoral process, the state is bound by equal protection, and therefore presumably due process as well.

Has someone already thoroughly analyzed this question?

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> Message: 5
> Date: Mon, 21 Sep 2020 16:24:02 +0000
> From: Rick Hasen <rhasen at law.uci.edu>
> To: "Kelner, Robert" <rkelner at cov.com>, "'Pamela S Karlan'"
>   <pkarlan at stanford.edu>, Election Law Listserv <law-election at uci.edu>
> Subject: [EL] 4-4 split/RBG replacement
> Message-ID: <AC3F5F8C-BDFC-4F06-B7FA-9DA76A6C597F at law.uci.edu>
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> (I?ve changed the title of this thread)
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> I
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