[EL] Can North Dakota really do that?

Fri Feb 26 14:52:23 PST 2021

The Federal Election Commission calculates the national popular vote after every presidential election.  It must do so, to determine which parties have polled at least 5% for president and therefore become eligible for general election presidential campaign funding.  The FEC publishes the results in a book, which always has the title "Federal Elections (year)."  So federal law recognizes that there is such a thing as the national popular vote.

Richard Winger 415-922-9779 PO Box 470296, San Francisco Ca 94147 

    On Friday, February 26, 2021, 12:07:14 PM PST, John Tanner <john.k.tanner at gmail.com> wrote:  

 An alternative interpretation would be that there simply is no national popular vote, and that states are absolved from casting their electoral votes in accord with it.   This is the sort of issue that really should be spelled out clearly  in advance

Sent from my iPhone

On Feb 26, 2021, at 2:49 PM, Charles H Stewart <cstewart at mit.edu> wrote:

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Here’s the full bill:  https://www.legis.nd.gov/assembly/67-2021/documents/21-0828-02000.pdf

From: Law-election <law-election-bounces at department-lists.uci.edu>On Behalf Of Adav Noti
Sent: Friday, February 26, 2021 2:36 PM
To: Stephanie Singer <sfsinger at campaignscientific.com>; Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] Can North Dakota really do that?

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

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 just passed the ND Senate requiring

   - a public officer, employee, or contractor of this state or of a political subdivision of
   - this state may not release to the public the number of votes cast in the general election for the
   - office of the president of the United States until after the times set by law for the meetings and
   - 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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