Presidential Election Reform: A Current National Imperative

Authors

Mark Bohnerst
Reed Hundt
Kate E. Morrow
Aviam Soifer, William S. Richardson School of Law, University of Hawai’i

Author Details

Reed Hundt, former President and CEO of Making Every Vote Count and former chairman of the Federal Communications Commission. Kate E. Morrow is former Executive Director of Making Every Vote Count.

First Page

437

Abstract

This Article suggests several important practical reforms in how we choose our President and Vice President. It first identifies problems with the Electoral College system, and proposes solutions that would not require a constitutional amendment. The Article also discusses how the long-forgotten provisions of Section 2 of the Fourteenth Amendment authorize reduction in the electoral votes from states whose legislatures deprive or abridge the right of the people to vote for their presidential electors. By exploring the history and language of Section 2, this Article demonstrates that it was ratified with the specific purpose of preventing state legislatures from usurping the popular vote in their states for the Electoral College. The Article maintains that Congress has the authority to enact several important presidential election reforms, and that it is our duty to ensure that the people’s voice is not taken away in the presidential election process.

Recommended Citation

Mark Bohnerst, Reed Hundt, Kate E. Morrow & Aviam Soifer, Presidential Election Reform: A Current National Imperative, 26 Lewis & Clark L. Rev. 437 (2022).
Available at: https://lawcommons.lclark.edu/lclr/vol26/iss2/6