[EL] Can North Dakota really do that?

[Mark Scarberry]

The purpose I suppose, is to undermine the NPV by denying, to all the
election officials in states that have adopted the NPV, the vote total from
North Dakota in time for them to certify the national popular vote
plurality winning Pres./VP slate. I would have to reread the NPV to see
what happens if a non-member state does not timely provide popular vote
data.

Mark

[image: Pepperdine wordmark]*Caruso School of Law*

*Mark S. Scarberry*

*Professor of Lawmark.scarberry at pepperdine.edu
<mark.scarberry at pepperdine.edu>*
Personal: mark.scarberry at gmail.com




On Fri, Feb 26, 2021 at 11:37 AM Adav Noti <anoti at campaignlegalcenter.org>
wrote:

> Section 4 of the bill provides that the ban on disclosing presidential
> vote totals takes effect only upon adoption of the popular vote interstate
> compact, so it seems unlikely to be tested anytime soon.
>
>
>
>
>
> *Adav Noti*
> Senior Director, Trial Litigation & Chief of Staff
>
> Campaign Legal Center
> 1101 14th Street NW, Washington, DC 20005
>
> 202.736.2203 | @AdavNoti <https://twitter.com/AdavNoti>
>
> anoti at campaignlegalcenter.org
>
>
>
>
>
>
>
> *From:* Law-election <law-election-bounces at department-lists.uci.edu> *On
> Behalf Of *Stephanie Singer
> *Sent:* Friday, February 26, 2021 2:16 PM
> *To:* Election Law Listserv <law-election at uci.edu>
> *Subject:* [EL] Can North Dakota really do that?
>
>
>
>
>
> A bill
> <http://www.legis.nd.gov/assembly/67-2021/documents/21-0828-02000.pdf> just
> passed the ND Senate requiring
>
>
>
>
>    1. a public officer, employee, or contractor of this state or of a
>    political subdivision of
>    2. this state may not release to the public the number of votes cast
>    in the general election for the
>    3. office of the president of the United States until after the times
>    set by law for the meetings and
>    4. votes of the presidential electors in all states.
>
> Can ND really do that? My opinion is that election results should be
> easily and timely available to the public, but what does the law have to
> say?
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