MSNBC Legal analyst Neal Katyal discusses his latest NYT column 'In Case of an Election Crisis, This Is What You Need to Know'.
This article is the first in a five-part series called “Protecting the Election.” As former President Donald Trump and many of his allies refuse to concede his defeat in the 2020 election, this MSNBC Daily series brings election law and policy experts to explore the many threats to certifying election results at both the state and national level.
provides an answer for how such emergencies can be fairly and lawfully handled. Under the newly reformed federal law, Election Day is defined as the usual date, except that voting may be extended “as necessitated by force majeure events that are extraordinary and catastrophic.” By qualifying election emergencies in this manner,
provides a remedy intended to address problems not just from 2020 but also from the notorious 2000 election. Instead of the usual cumbersome procedure for federal litigation, where lawsuits must be filed first in a district court and then appealed to one of the circuit courts before finally reaching the Supreme Court, a special three-judge panel is provided, consisting of two circuit judges and one district judge.
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