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“After that, we’re into something else" (NYT Magazine)


"The legal system does not make it easy to nullify the popular will, and in 2022 Congress passed a bill — the Electoral Count Reform Act — that would make it even harder, in part by setting an unambiguous deadline for states to submit their final certified results: this year, Dec. 11.


But there is a path. The bill did not state the consequences for missing the certification deadline. A determined administrator could try to in effect run out the clock, creating a chain reaction of legal maneuvers that would culminate in the election’s being decided by simple majorities of the House and the Senate — each of which could by Jan. 6 be controlled by Republicans. The odds are small, but any administrator willing to face the consequences has a shot at overturning the election. “The whole system is dependent upon, one, everyone doing what they’re supposed to do, and two, doing what a judge has told them they have to do,” Bradley Schrager, a Democratic election lawyer in Nevada, told me. “After that, we’re into something else.”"

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