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Larry Diamond and Ned Foley Explain the 'Terrifying Inadequacy' of U.S. Election Law

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The drive-thru voting procedure is demonstrated during a press preview of a voting center to be used during the 2020 presidential election at the Honda Center sports arena on September 16, 2020 in Anaheim, California. (David McNew/Getty Images)

What will happen if both Donald Trump and Joe Biden claim victory in November? Unfortunately, according to scholars Larry Diamond and Ned Foley, American election laws “provide a shockingly inadequate guide” for resolving such a deadlock. We’ll talk to Diamond and Foley about what could trigger a contested election, the limitations of the laws and constitutional provisions that govern electoral college disputes and the steps we can take to forestall what they call a “disaster scenario.”

Guests:

Larry Diamond, Senior Fellow, Hoover Institution and the Freeman Spogli Institute for International Studies at Stanford University; author, "Ill Winds: Saving Democracy from Russian Rage, Chinese Ambition, and American Complacency"; co-author of the recent Atlantic article "The Terrifying Inadequacy of American Election Law"

Ned Foley, professor of constitutional law and director of the election law program, Ohio State University's Moritz College of Law; author, "Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College."; co-author of the recent Atlantic article "The Terrifying Inadequacy of American Election Law"

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