"This approach, modeled after private sector arbitration, is the simplest method for finding an umpire whom both sides can accept as fair," they argued. "But whatever method of selection Pelosi and McConnell prefer, their chosen umpire should be ready before counting ballots begins. They should also pledge to accept the findings of the neutral arbiter unless both agree otherwise, a commitment that maintains the bipartisanship of their arrangement."
Rarely have legal scholars suggested that a remedy outside the Constitution might be needed before a presidential election. But their view fits with the volatile 2020 landscape that is emerging. There's a lack of vote count evidence trails and transparent audits to serve as a counterweight to the newest forms of propaganda. And Congress is not poised to handle the power struggle if the presidential result is contested.
The clock has not run out with taking proactive steps before 2020, but it is ticking, and opportunities to act are ebbing away while new worries are emerging.
This article was produced by Voting Booth, a project of the Independent Media Institute.
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