From left, former Gov. Tommy Thompson and Republican Party of Wisconsin Chair Brian Schimming speak to reporters after casting their Electoral College votes for President-elect Donald Trump on Tuesday. (Erik Gunn | Wisconsin Examiner)

Wisconsin’s 10 Republican presidential electors — meeting officially Tuesday for the first time since 2016 — cast their votes shortly after 12 noon for President-elect Donald Trump and Vice President-elect J.D. Vance.

Afterward, state GOP Chair Brian Schimming and former Gov. Tommy Thompson cheerfully asserted their party was on a roll and declared that the Democratic Party of Wisconsin was in for a period of soul-searching after having been “completely captured by the left” and taken over by “elitists.”

“I don’t know if everybody realizes this as much as I do, but there’s been a complete transformation of the political parties — in the state of Wisconsin, across this country,” Thompson told a swarm of reporters who gathered in the Legislature’s Joint Finance Committee meeting room on fourth floor of the state Capitol.

“The Republican Party is the party of the working man and woman,” Thompson said. “The Republican Party is the party of the downtrodden and the individuals that need help. The Democrat Party has become a party of elitists, and their policies show that. The Republican Party has been out there asking, what are the problems? What are the questions? Inflation, taxes, regulation. They’re also talking about how you can improve schools, education, and Republicans are there, front and center with ideas and answers, and the Democrats have been vacant. They’ve been vacuous in the last four years.”

The press gaggle followed a formal procedure in which each of the 10 electors signed six copies of the papers documenting Wisconsin’s Electoral College votes for Trump and Vance in 2024. The documents will be forwarded to Washington as part of the Congressional procedure in early January certifying the election results.  

In 2020, 10 Republicans also met in the Capitol and signed forms asserting that Trump, then the incumbent president, had  won Wisconsin’s electoral votes in that year’s presidential race. In fact, President Joe Biden had defeated Trump in Wisconsin by about 20,600 votes, and the state’s official electors were Democrats led by Gov. Tony Evers.

Legal ramifications of the Republicans’ 2020 false electors scheme are still playing out. In June, Wisconsin Attorney General Josh Kaul filed felony forgery charges against three people accused of developing the 2020 plan to have false slates of electors vote for Trump. The defendants had their first court appearance Dec. 12.

Asked his reaction to those latest charges, Thompson said Tuesday  prosecutors and the country should move on.

“Isn’t it about time to turn the page?” Thompson said. “I mean, we can fight over the election of 2020 for the next four years. What does it get us? Isn’t about time to say, you know, we’ve had, we’ve had a lot of differences. This is time to start trying to mend ways in solving America’s problems, Wisconsin’s problems.”

“No one is above the law — not lawyers for former presidents or elected officials themselves,” said Democratic Party of Wisconsin Executive Director Sarah Abel in a statement responding to the GOP press conference. “We can’t move forward unless we learn from the mistakes of the past, and that includes holding accountable those who undermined our democracy and tried to overturn a free and fair election because they didn’t like the outcome.”

Schimming described the Republicans’ victories this year , in which they captured the White House, the U.S. House and the U.S. Senate, as evidence that the party connected with voters  outside as well as inside the GOP. And, he added, those voters remain enthusiastic supporters and volunteers who will power the party forward.

“As I travel across the state, the folks that we identified as Trump voters — not just Republicans, but a lot of people who were concerned about the direction of the country — are extremely motivated,” Schimming said.

“Donald Trump is the face of the Republican Party right now,” Thompson said. “We have control of the Congress and the presidency — we got to deliver to the American people,” he added. “It’s up to us now to show America that we’re going to be able to do it, and I’m confident we’re going to be able to do that without any doubt whatsoever.”

Abel pointed to the divided results in Wisconsin, in which Democratic Sen. Tammy Baldwin won reelection even as Trump was elected by a slim margin and Democrats picked up seats in the state Legislature, to reject the Republicans’ depiction of the outcome. 

“Let’s not pretend that the Republican Party has a monopoly over Wisconsin,” Abel said. “Neither party swept the state in 2024, and the GOP is grasping at straws as they see their grip on power here fading away. Wisconsin Democrats are built to last. We have a progressive identity that exists separately from the leader of our party — and Republicans can’t say the same.”

Thompson, who headed the U.S. Department of Health and Human Services under President George W. Bush, also stood by his previous endorsement of Robert F. Kennedy Jr., Trump’s choice to head the agency.

Kennedy has been widely criticized for anti-vaccine positions. On Dec. 9, dozens of Nobel laureates released a letter opposing Kennedy’s nomination because of his opposition to vaccines as well as to other public health measures.

Thompson said the suggestion that Kennedy harbored hostility toward vaccines is “misreading what he said,” adding, “I’m hoping what he said is not correct.” Kennedy’s past criticisms of vaccines included the “implied” question, “is that based upon science?” Thompson argued. “I think everything has got to be based on science.”

Thompson said he supported Kennedy because the nominee’s stated goals include improving Americans’ health, ensuring foods are healthier, “trying to make sure that all medicines are based upon science — who’s against that?” and that he favors speeding up the process of approving new drugs. “I’m in favor of all of those,” Thompson said, “and that’s why I support him.”

Asked about Democratic Party of Wisconsin Chair Ben Wikler’s campaign to head the national party, Thompson joked, “I’m going to contribute to it,” then later said Wikler “is a very good politician” whom he wished well.

Schimming called Wikler “obviously a talented guy,” but asserted that the party needed more dramatic change. “The Democratic Party has been completely captured by the left, and they can’t seem to figure out that that’s part of their problem,” he said. “And if they continue not figuring it out, that’s fine.”

Former Dane County Judge James Troupis appears in court on Dec. 12. He faces felony forgery charges for his role in developing the 2020 false elector scheme to overturn the election results for Donald Trump. (Screenshot | WisEye)

Two former attorneys and a campaign staff member for President-elect Donald Trump made their initial appearance in Dane County Circuit Court Thursday in the felony cases against them for their roles in hatching the scheme to cast false Electoral College votes for Trump following the 2020 election. 

Of the three men charged, Michael Roman, James Troupis and Kenneth Chesebro, only Troupis appeared in court in person. The other two appeared over the phone. All three were granted signature bonds with the condition that they not have any contact with the ten Wisconsin Republicans who cast Electoral College votes for Trump in 2020. 

All three men face 11 counts of felony forgery. 

Multiple recounts, lawsuits and investigations have found that Trump lost the 2020 election in Wisconsin. Still, after that election, the three men worked to develop the plan that involved false slates of electors casting votes for Trump in Wisconsin and other states. The false slates of electors provided a pretext for  the Jan. 6, 2021 attack on the U.S. Capitol. 

After the hearing, Troupis called the charges “lawfare in all its despicable forms,” saying Wisconsin Attorney General Josh Kaul has “doubled down on a vicious strategy to destroy our very faith in the system of justice by using the courts for his own personal political game.”

On Wednesday, the voting rights focused firm Law Forward filed an ethics complaint against Troupis, a former Dane County Circuit Court judge, with the state Office of Lawyer Regulation. The grievance alleges that Troupis’ role in developing the fake elector scheme subverted the will of the people and violated state rules for attorney conduct. 

“Our democracy depends on attorneys adhering to their ethical obligations,” Jeff Mandell, President and General Counsel of Law Forward, said in a statement. “Troupis violated those obligations by advancing falsehoods, enabling fraud, and undermining the rule of law. This grievance seeks to hold him accountable and ensure that such abuses of the legal profession are never repeated.”

The three men are next scheduled to appear in court on Jan. 28.

Two lawyers and a former Trump campaign aide are scheduled to make their initial appearances in court Thursday, each facing 11 felony charges for their roles in a scheme that generated documents falsely claiming Donald Trump won Wisconsin’s 2020 election.

Democratic Attorney General Josh Kaul in June initially charged Michael Roman and attorneys Jim Troupis and Kenneth Chesebro with “uttering as genuine a forged writing or object,” a felony that can result in up to a $10,000 fine and imprisonment of up to 6 years. The charges stem from their efforts to craft a slate of false electors for Donald Trump in 2020 after he narrowly lost Wisconsin and other key swing states to Joe Biden.

On Tuesday, the state Department of Justice added 10 additional charges for each defendant, arguing Chesebro, Roman and Troupis defrauded the 10 Republicans who falsely posed as electors for Trump. All 10 new charges are felonies and they can each result in up to  a $10,000 fine and imprisonment of up to 6 years.

The defendants are set to appear in Dane County Circuit Court almost four years to the day after a group of Republicans met at the State Capitol in Madison to create the documents.

Trump appears to have avoided legal consequences for his efforts to overturn the 2020 election, largely due to his election victory last month. Thursday’s hearing offers a reminder that others involved in the plot are still being prosecuted.

Kaul’s office declined to answer a question about why he believes it’s important to continue the prosecutions into 2025. But Kaul spokesperson Gillian Drummond reiterated that the Department of Justice’s approach “has been focused on following the facts where they lead and making decisions based on the facts, the law and the best interests of justice.”

The case’s original 47-page criminal complaint details how Chesebro, Troupis and Roman helped craft a “Certificate of the Votes of the 2020 Electors from Wisconsin” that falsely said Trump won Wisconsin’s 10 Electoral College votes at the time — tactics replicated in six other swing states. The complaint also outlines efforts to deliver the paperwork to then-Vice President Mike Pence.

A majority of the 10 Republicans who acted as the false Trump electors told investigators that they did not believe their signatures would be sent to Washington, according to new details in Tuesday’s amended complaint. A majority of the false electors also said they did not consent to their signatures being presented as Wisconsin’s electoral votes without a court ruling handing the state to Trump.

Chesebro and Roman have faced charges in Georgia, where Chesebro is seeking to invalidate an earlier deal in which he pleaded guilty to one count of conspiracy to commit filing false documents.

Of the trio charged in Wisconsin, Troupis is the only one who has filed motions to dismiss ahead of Thursday’s hearing.

One motion, which was filed before the additional charges were handed down, argues the DOJ failed to allege a criminal offense. 

The Wisconsin Supreme Court just two hours before the alternative electors met ruled against Trump’s efforts to throw out more than 220,000 Dane and Milwaukee county votes and to reverse his loss. But an appeal to the U.S. Supreme Court was still in the works, Troupis’ motion notes. The Republican electors cast their illegitimate ballots for Trump, the motion adds, as Troupis worked to protect his client’s rights in case the U.S. Supreme Court overturned Wisconsin’s election results.

“That practice of having both sets of electors meet and vote during an on-going legal challenge or recount is over a century old,” Troupis argues in his brief. He points to the 1876 presidential election, when three states sent competing slates of electors to Washington, and the 1960 race, when Hawaii featured competing electors due to an ongoing recount that eventually flipped three electoral votes from Richard Nixon to John F. Kennedy. Historians have identified key differences between those cases and 2020.

“Having the Republican electors meet and cast their ballot was not criminal or even untoward and the ballot was not a forgery,” Troupis argues.

A separate motion argues the criminal complaint omits information that pokes holes in the DOJ’s allegations. 

Troupis’ attorney points to a 2022 memo from the DOJ solicited by the Wisconsin Elections Commission as it investigated a complaint filed against the Trump electors. 

That complaint argued the Trump electors “met in a concerted effort to ensure that they would be mistaken, as a result of their deliberate forgery and fraud, for Wisconsin’s legitimate Presidential Electors.” But the DOJ concluded in its memo that the “record does not support this allegation” and that the Trump electors even before the Dec. 14 meeting “publicly stated, including in court pleadings, that they were meeting to preserve legal options while litigation was pending.” 

Troupis’ legal team claims that conclusion — omitted from the criminal complaint —shows “it was proper and necessary for the alternate electors to meet and vote on December 14.” 

In another motion, Troupis argues election-related prosecutions can unfold only if the elections commission determines probable cause and refers the case to a county district attorney — not the attorney general. 

Troupis’ legal team argues his motions to dismiss must be heard before Troupis makes his initial appearance. Dane County Circuit Court Judge John Hyland declined on Friday to hear the motions before the initial appearance.

Trump could not pardon his former aides upon his return to office. Presidential pardon power extends only to federal offenses. These are state charges. 

The hearing is scheduled for 10:30 a.m at the Dane County Courthouse.

Forward is a look ahead at the week in Wisconsin government and politics from the Wisconsin Watch statehouse team.

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.

UPDATE: New charges filed in 2020 ‘fake electors’ scheme is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Voters make selections at their voting booths inside an early voting site on Oct. 17, 2024 in Hendersonville, North Carolina. (Photo by Melissa Sue Gerrits/Getty Images)

WASHINGTON — As an exceedingly bitter, tight and dark campaign for the presidency moves into its last moments, apprehensive election officials and experts warn Election Day is only the first step.

The closing of the polls and end of mail-in voting kick off a nearly three-month process before the next president of the United States is sworn in on Inauguration Day in January. New guardrails were enacted by Congress in 2022 to more fully protect the presidential transition, following the Jan. 6, 2021 mob attack on the U.S. Capitol by Trump supporters and a failed scheme to install fake electors.

But even before that shift to a new chief executive begins, a presidential victor is unlikely to be announced election night or even the following day.

It’s a result that will possibly take days to determine, given tight margins expected in seven swing states. Officials needed four days to count all the votes to determine President Joe Biden the victor of the 2020 presidential election.

In states like Pennsylvania and Wisconsin, the law does not allow that process to begin for millions of mail-in ballots until Election Day. Other states allow pre-processing of ballots.

Trey Grayson, Kentucky’s former Republican secretary of state, said ballot authentication could be on different timelines across the country after voting ends on Election Day.

“We have 50 states, plus D.C., that pretty much all do it differently,” Grayson, who served as president of the National Association of Secretaries of State, told reporters Friday on a call of bipartisan former state election officials who are working to explain the process to the public.

It could mean “in a very close election that we don’t know on election night who the president is or who controls the House or the Senate, but we should feel confident over the next couple of days, as we work through that, that we’re going to get there,” he said.

Lawsuits and potential recounts 

Those delays, which former President Donald Trump seized on to spread the baseless lie that the election was stolen from him, are expected again in November, especially as all eyes will be on the battleground states — Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin.

Additionally, there already are hundreds of pre-election lawsuits, mainly filed by Republicans, ranging from election integrity challenges to accusations of noncitizens allowed to vote in federal elections — something that rarely happens and is already illegal. The legal challenges could further spark delays.

“We will not have a winner on election night most likely and so we need to be able to prepare the public for this,” said Virginia Kase Solomón, the president and CEO of the democracy watchdog group Common Cause, during a Tuesday briefing.

She added that her organization will focus on combating misinformation and disinformation on election night and beyond.

“There is the potential that somebody could claim the win before … all of the votes have been counted,” she said.

In the early morning hours after Election Day in 2020, before results from key states were determined, Trump falsely claimed he won in an address at the White House.  

On top of that, experts say this year could see election denial erupting in countless courtrooms and meeting rooms in localities and the states, as well as across social media, if doubts are sown about the results.

Recounts could also delay an official election result, and the laws vary from state to state.

For example, in Pennsylvania, if a candidate demands a recount, three voters from each of the over 9,000 precincts have to petition for a recount.

“We’ve never seen that happen actually in Pennsylvania,” Kathy Boockvar, the commonwealth’s former Democratic secretary of state, said on Friday’s call with reporters.

An automatic statewide recount is triggered in Pennsylvania if there’s a difference of a half percent of all votes cast for the winner and loser. The final recount results, by law, are due to the secretary of state by Nov. 26, and results would be announced on Nov. 27, Boockvar said.

The margin in Pennsylvania’s 2020 results for the presidential election was between 1.1% and 1.2%, not enough to trigger the automatic recount, Boockvar said.

Taking out the shrubs

State election officials have been preparing for the past year to train poll workers to not only run the voting booths but for possible violence — a precaution put in place after the 2020 election — and have beefed up security around polling locations.

On Friday, Trump posted on X that the election “will be under the closest professional scrutiny and, WHEN I WIN, those people that CHEATED will be prosecuted to the fullest extent of the Law, which will include long term prison sentences so that this Depravity of Justice does not happen again.”

A reporter asked Grayson about the possibility of aggression from poll watchers. The Republican National Committee announced in April a “historic move to safeguard the integrity of the electoral process,” establishing party-led trainings for poll watchers.

Poll watchers are not a new concept, and Grayson said clear “safeguards” are in place.

“If you’re intimidating, you’re gone. There’s clear laws in every state on that,” he said.

Celestine Jeffreys, the city clerk in Green Bay, Wisconsin, said during a Wednesday roundtable with election workers that the city has an Election Day protocol in place that includes everything from blocking off streets to City Hall to getting rid of shrubbery.

“We have actually removed bushes in front of City Hall” to ensure no one can be concealed behind them, she said. In the second assassination attempt on Trump earlier this year, a gunman hid in bushes outside Trump’s private golf course.

New Mexico Secretary of State Maggie Toulouse Oliver said during a Tuesday briefing she is focused on the physical safety of election officials.

During the event with the National Association of Secretaries of State, she said such safety is not only a priority during voting but when officials move to certify the state’s election results in December.

“We have all been spending a lot more time on physical security and making sure that our election officials at all levels are more physically secure this year,” Toulouse Oliver said. “And of course, you know when our electors meet in our states, you know, ensuring for the physical security of that process and those individuals as well.”

On Dec. 17, each state’s electors will meet to vote for the president and vice president. Congress will vote to certify the results on Jan. 6.

“We are thinking a lot more about this in 2024 than we did in 2020, but I think that each one of us… have a playbook in mind for how to handle any unanticipated eventualities in the certification process,” she said.

It’s a security precaution that the U.S. Secret Service is also taking.

For the first time, Congress’ certification of the Electoral College on Jan. 6 has been designated a National Special Security Event, something that is usually reserved for Inauguration Day on Jan. 20.

The 2020 experience

In 2020, The Associated Press did not call the presidential election for Biden until 11:26 a.m. Saturday, Nov. 7 — roughly three-and-a-half days after polls closed. The AP, as well as other media organizations, project election winners after local officials make initial tabulations public.

Those tallies are then canvassed, audited and certified, according to each state’s legal timeline. Recounts may also extend the timeline before final certification.

The vote totals reported in Pennsylvania — a state that carried 20 Electoral College votes in 2020 — put Biden over the top for the 270 needed to win the presidency.

Trump refused to concede the race, and instead promised to take his fight to court.

For the next two months, Trump and his surrogates filed just over 60 lawsuits challenging the results in numerous states. Ultimately none of the judges found evidence of widespread voter fraud.

The next step was for Congress to count each state’s certified slate of electors, which by law, it must do on the Jan. 6 following a presidential election.

However, in the weeks leading up to Jan. 6, Trump and his private lawyers worked to replace legitimate slates of electors with fake ones, according to hundreds of pages of records compiled by a special congressional investigation, and by the U.S. Department of Justice.

Trump pressured then-Vice President Mike Pence to block ratification of the Electoral College’s vote at the Jan. 6 joint session of Congress, because the vice president’s role in the certification of electoral votes was not exactly clear in the Electoral Count Act of 1887.

Pence ultimately refused.

Thousands of Trump supporters stormed the U.S. Capitol on Jan. 6 following a “Stop the Steal” rally at The Ellipse park, south of the White House, where Trump told the crowd “We will never concede.”

The mob assaulted police officers, broke windows to climb inside and hurled violent threats aimed at elected officials, including the desire to “hang” Pence. More than 1,500 defendants have been charged by the Department of Justice.

Congress stopped its process of reviewing the state electors in the 2 p.m. Eastern hour as police ushered the lawmakers to safety. The joint session resumed at roughly 11:30 p.m., and Pence called the majority of electoral votes for Biden at nearly 4 a.m. on Jan. 7.

New law on presidential transition

To deter another Jan. 6 insurrection, Congress passed the Electoral Count Reform and Presidential Transitional Improvement Act of 2022 as part of a massive appropriations bill.

The Electoral Count Reform Act codifies into law that the vice president, who also serves as the president of the U.S. Senate, only ceremoniously reads aloud a roll call of the votes.

Most notably, the provision raises the threshold for lawmakers to make an objection to electors. Previously, only one U.S. House representative and one U.S. senator would need to make an objection to an elector or slate of electors.

But under the new law, it would take one-fifth of members to lodge an objection and under very specific standards — 87 House members and 20 senators.

The Electoral Count Reform Act also identifies that each state’s governor is the official responsible for submitting the state’s official document that identifies the state’s appointed electors, and says that Congress cannot accept that document from any official besides the governor, unless otherwise specified by the state’s law.

Trump and his allies tried to replace legitimate slates of electors in several states with fake electors who would cast ballots for Trump.

The Presidential Transitional Improvement Act provides candidates with funding and resources for transitional planning, even if a candidate has not conceded after the election.

There are already issues with the transition of power. The top Democrat on the House Committee on Oversight and Accountability, Maryland Rep. Jamie Raskin, sent a Wednesday letter to Trump and his running mate, Ohio Sen. J.D. Vance, urging them to sign documents to ensure a peaceful transition of power.

“With fewer than three weeks left until an election in which the American people will select a new President of the United States, I urge you to put the public’s interest in maintaining a properly functioning government above any personal financial or political interests you may perceive in boycotting the official transition law and process,” Raskin wrote.

Denial expected at all levels of government

Experts warn the effort to delay certification of the vote is largely being fought at the local and state levels, and that several groups are gearing up to sow doubt in the election outcome.

Devin Burghart, president of the Institute for Research and Education on Human Rights, said on a press call Wednesday that since 2020, “election denial has shifted away from the capital to county election commission meetings, courtrooms, cyber symposiums and countless conspiracies in preparation for a repeat this November.”

“This time, the baseless claim that undocumented immigrants are somehow swamping the polls has fueled the ‘big lie’ machine,” Burghart said.

Kim Wyman, the former Washington state secretary of state, said the noncitizen topic is not new.

In two high-profile cases, the U.S. Department of Justice sued Republican-led efforts in Alabama and Virginia to purge voter rolls after alleging thousands of noncitizens were registered to vote. Both states were ordered to stop the programs and reinstate voters – though Virginia Gov. Glenn Youngkin promised Friday to appeal and even escalate to the Supreme Court.

In Georgia, the state’s Supreme Court delayed new rules until after this election that would have required three poll workers at every precinct to count ballots by hand once the polls closed — essentially delaying unofficial election results.

More than 165 electoral process lawsuits across 37 states have been filed by both parties since 2023 leading up to the 2024 presidential election, according to a survey by Bloomberg of pre-election cases. The journalists found that more than half the cases have been filed in swing states, and challenge almost every facet of the voting process, from absentee voting, to voter roll management, voter eligibility and vote certification.

Republican and conservative groups have filed roughly 55% of the lawsuits, mostly aimed at narrowing who can vote, and overall most of the cases were filed in August and September, according to the analysis.

Courts threw out dozens of lawsuits claiming voter fraud in 2020.

Mai Ratakonda, senior counsel at States United Democracy Center, said anti-democracy groups have used litigation “to legitimize their efforts to sow doubt in our election system.”

“We’ve unfortunately continued to see this trend of filing lawsuits to bolster and legitimize narratives that our elections are insecure and laying the groundwork to contest results later,” Ratakonda told reporters on a press call Wednesday hosted by the organization, whose stated mission is to protect nonpartisan election administration.

Timeline of key presidential election dates

• Nov. 5, 2024—Election Day
  The voters in each state choose electors to serve in the Electoral College.
• By Dec. 11, 2024—Electors appointed
  The executive of each state signs the Certificate of Ascertainment to appoint the electors chosen in the general election.
• Dec. 17, 2024—Electors vote
  The electors in each state meet to select the president and vice president of the United States.
• Jan. 6, 2025—Congress counts the vote
  Congress meets in joint session to count the electoral votes.
• Jan. 20, 2025—Inauguration Day
  The president-elect is sworn in as president of the United States.

Source: The National Archives and Records Administration

Correction: This report has been updated to reflect that former Washington state Secretary of State Kim Wyman made the comment that noncitizen voting has been illegal at the federal level since 1996.

Wisconsin Secretary of State Sarah Godlewski in her office, displays real and fake electors' documents | Wisconsin Examiner photo

Over the past four years, Congress and state governments have worked hard to prevent the aftermath of the 2024 election from descending into the chaos and threats to democracy that occurred around the 2020 U.S. presidential election.

A new federal law cleaned up ambiguities that could allow for election subversion. New state laws have been enacted across the country to protect election workers from threats and harassment. Technology experts are working to confront misinformation campaigns and vulnerabilities in election systems.

But untouched in all of these improvements is the underlying structure of presidential elections – the Electoral College.

Here is a quick refresher about how the system works today:

After citizens vote in the presidential election in November, the Constitution assigns the task of choosing the president and vice president to electors. Electors are allocated based on the number of congressional representatives and senators from each state. The electors meet in their separate state capitals in December to cast their votes. The ballots are then counted by the vice president in front of members of Congress on Jan. 6 to determine which ticket has won a majority.

The widely varied pros and cons of the Electoral College have already been aired and debated extensively. But there is another problem that few have recognized: The Electoral College makes American democracy more vulnerable to people with malicious intent.

A state-centric system

The original brilliance of the Electoral College has become one of its prime weaknesses. The unusual system was devised at the Constitutional Convention in 1787 as a compromise that prioritized the representation of state interests. This focus helped win over reluctant delegates who feared that the most populous states would disregard small states’ concerns.

Nowadays nearly every state has chosen to award all of its electoral votes to whichever ticket wins more votes in the state. Even if a candidate gets 51% of the popular vote, use of the winner-take-all rule in these states means they will be awarded 100% of the electoral votes.

This is what leads to the “battleground state” phenomenon: Presidential candidates focus their rallies, advertisements and outreach efforts on the few states where campaigns could actually tip the balance. In 2020, 77% of all campaign ads ran in just six states that were home to only 21% of the nation’s population.

In this way, the Electoral College system naturally draws campaign attention to issues that might tip the balance in these hotbeds of competitiveness.

A road map for bad behavior

By doing so, the system essentially identifies the states where malicious people who want to alter or undermine the election results should focus their energies. The handful of battleground states are efficient targets for harmful efforts that would otherwise not have much success meddling in elections.

Someone who wants to infiltrate the election system would have difficulty causing problems in a national popular vote because it is decided by thousands of disconnected local jurisdictions. In contrast, the Electoral College makes it convenient to sow mischief by only meddling in a few states widely seen as decisive.

In 2020, the lawsuits, hacking, alternative electors, recount efforts and other challenges did not target states perceived by some to have weaker security because they had less strict voter ID laws or voter signature requirements. Opponents of the results also did not go after states such as California and Texas that account for a large share of the country’s voters.

Rather, all of the firepower was trained on about a half-dozen swing states. By one account, there were 82 lawsuits filed in the days after the 2020 presidential election, 77 of which targeted six swing states. The “fake elector” schemes in which supporters of Donald Trump put forward unofficial lists of electors occurred in only seven battleground states.

The popular vote alternative

A majority of Americans say in surveys they prefer to scrap the Electoral College system and simply award the presidency to the person who gets the most votes nationwide.

Dumping the Electoral College would have a variety of consequences, but it would immediately remove opportunities for disrupting elections via battleground states. A close election in Arizona or Pennsylvania would no longer provide leverage for upending the national result.

Any election system that does not rely on states as the puzzle pieces for deciding elections would remove opportunities like these. It could also seriously reduce disputes over recounts and suspicion about late-night ballot counts, long lines and malfunctioning voting machines because those local concerns would be swamped by the national vote totals.

Although not without its own concerns, an agreement among the states to award their electoral votes to the winner of the popular vote is probably the most viable method for shifting to the popular vote, in part because it does not require passing an amendment to the Constitution.

There is no ideal way to run a presidential election. The Electoral College has survived in its current form for almost two centuries, a remarkable run for democracy. But in an era where intense scrutiny of just a few states is the norm, the system also lights the way for those who would harm democracy.

This article is republished from The Conversation under a Creative Commons license. Read the original article.