The primary subject of Part 5 was the Independent State Legislature Doctrine’s threat to presidential popular elections. Jamelle Bouie, Next Time, Trump Won’t Need a Mob, N.Y. Times, July 10, 2022, p. SR9, col. 1, discusses this threat.

The Electoral Count Modernization Act Discussion Draft’s proposed new §1(c)(1) begins, “(1) In General.—In the case of a State that chooses electors by popular election … .” All states, including for purposes of these articles, the District of Columbia, choose electors by popular vote. The Modernization Act should not suggest otherwise. This phrase is repeated on page 2, lines 12-13 and 17-18; page 3, lines 23-25; page 10, lines 1-5; page 17, lines 3-4 and perhaps elsewhere. It should be struck.

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