William Josephson

October 03, 2023 | New York Law Journal

William Josephson opines on the recent amendment to Election Law Section 12-106, signed by Governor Kathy Hochul on Sept. 20. The amendment adds a paragraph that requires each

By William Josephson

4 minute read

December 08, 2022 | New York Law Journal

The many provisions that S. 4573 and H.R. 8873 provide for federal court suits and expedited Supreme Court review raise issues of confidence in prior Supreme Court presidential election decisions.

By William Josephson and Sue Ann M. Orsini

15 minute read

August 15, 2022 | New York Law Journal

With the Jan. 6, 2021 House of Representatives Select Committee considering recommendations to clarify and strengthen the Electoral Count Act of 1887, now is a good time also to consider alternatives to a House of Representatives election of the President.

By Sally G. Blinken and William Josephson

11 minute read

July 25, 2022 | New York Law Journal

The Discussion Draft covers 42 pages with about 25 lines on each page. The New York Legislature's Bill Drafting Manual shows what is to be repealed and its replacement. A congressional bill can be daunting.

By William Josephson

9 minute read

June 16, 2022 | New York Law Journal

There is a question about whether issues involving elector appointment and voting necessarily raise federal questions, apart from those that might be raised by the Constitutional requirements applicable to electors.

By William Josephson

9 minute read

May 20, 2022 | New York Law Journal

The instruction to the President of the Senate to call for objections is what starts the Act down a slippery slope.

By William Josephson

9 minute read

April 14, 2022 | New York Law Journal

Much of the Electoral Count Act is not a mess, and contrary to the editorials and op-eds cited at the beginning of this article, it is not, as a whole, unconstitutional. In fact, the Electoral Count Act of 1887 contains many useful provisions.

By William Josephson

8 minute read

February 23, 2022 | New York Law Journal

A recent New York Times editorial responds to the efforts of a bipartisan group of senators to consider changes in the Electoral Count Act of 1887. But the editorial is not a good guide to what may need to be changed.

By William Josephson

8 minute read

February 02, 2021 | New York Law Journal

On Dec. 4, 2020, New York Assembly members introduced A.11151. It was referred to the Committee on Election Law. This is not a "good bill." It would award one elector vote to the plurality winner of the popular vote for President and Vice President in each New York congressional district.

By William Josephson

3 minute read

June 03, 2020 | New York Law Journal

National Popular Vote is not a good idea. It is far from being adopted by the necessary states with a majority of elector votes. It is unlikely ever to reach that goal.

By William Josephson

3 minute read