Selecting a president on the basis of the national popular vote is an elemental characteristic of democracy long denied America. An amendment to the Electoral Count Act of 1887 — perhaps as a component of the pending voting rights legislation — can remedy this flaw permanently.
Republican Party violation of election norms has dramatically increased prospects for a constitutional crisis when the Electoral College meets in 2024 to select the president. As documents surrounding the January 6, 2021 insurrection attest, one element of the Republican Party’s elaborate strategy was to submit competing slates of Trump electors to the Electoral College. Recall that state legislatures and governors select slates of electors and submit those slates to Congress (by tradition but not by law, the slates represent state-wide popular vote winners).
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