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Abstract

In 2016, Democrats protested in Trump-won states asking Electoral College members to vote their conscience and against their state’s popular vote. In 2020, President Trump supporters stormed the Capitol on January 6th demanding that the certification of the Electoral College vote in favor of Joe Biden not move forward. Are the laws, court decisions, and the Constitution itself set up to cause such an uproar around a routine item? Was the 2020 iteration of counting the Electoral College votes an aberration, or is this the new normal? This essay will chronicle the Constitutional, legal, and procedural issues around the Electoral College certification vote.

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