PHOENIX, ARIZONA - AUGUST 23: Former Presidential candidate Robert F. Kennedy Jr. gives remarks at the Renaissance Phoenix Downtown Hotel on August 23, 2024 in Phoenix, Arizona.Kennedy announced that he was suspending his presidential campaign and supporting Republican presidential candidate, former U.S. President Donald Trump.(Photo by Rebecca Noble/Getty Images)

With early voting underway in Wisconsin and a week before Election Day, the U.S. Supreme Court denied an effort Tuesday by Robert F. Kennedy Jr. to be removed from the state’s ballots.

Kennedy, an independent, was placed on the presidential ballot after filing paperwork on Aug. 6, which included the signatures of thousands of Wisconsin voters who wanted him to run. He dropped out of the presidential election less than three weeks later and endorsed former President Donald Trump. He then launched an effort to be removed from Wisconsin’s ballot.

The Wisconsin Elections Commission was the first to deny his request to be kept off the ballot; officials cited state law requiring anyone who files the paperwork be placed on the ballot. Kennedy filed an emergency request with the U.S. Supreme Court last week after other appeals failed at appellate and state Supreme Courts. His name had already been printed on ballots with some being mailed out as the effort took place. In-person early voting in Wisconsin also started last week. 

Kennedy argued in his lawsuit that keeping him on the ballot violates his First Amendment right to endorse Trump. His attorneys had also argued that his name could be covered with a sticker, pointing to a state statute that allows clerks to do so if a candidate dies before the election takes place. Election officials warned voting machines hadn’t been tested with stickers and they could cause the machines to break. 

The U.S. Supreme Court did not explain its decision to reject the request. The Court also denied Kennedy’s effort to be removed from Michigan’s ballot on Tuesday.

Six third-party candidates, including Kennedy, Jill Stein and Cornel West, will appear on ballots in Wisconsin, a key battleground state, and are seen as potential spoilers in the presidential election because they could siphon votes from the major party candidates in what appears to be a very close race.

Correction: This story has been updated to correct the number of third-party candidates on ballots in Wisconsin. 

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.

A protester holds a Trump flag inside the U.S .Capitol Building near the Senate chamber on Jan. 6, 2021 in Washington, D.C. (Photo by Win McNamee/Getty Images)

WASHINGTON — The U.S. Capitol Police are welcoming a special security designation from the Department of Homeland Security for Jan. 6, 2025, when Congress will gather to certify the Electoral College vote count for the winner of the presidential election.

The last time Congress undertook the responsibility, a pro-Trump mob attacked the building, eventually breaking through police barricades, severely injuring officers and disrupting the process.

The rioters were spurred on by false claims from former president and current Republican presidential nominee Donald Trump that he won the 2020 election when he had in fact lost both the popular vote and the Electoral College.

Members of Congress and then-Vice President Mike Pence were evacuated or told to shelter in place in their offices as one of the most secure buildings in the country was overrun.

Federal prosecutors have since secured convictions or plea deals for hundreds of the people who attacked law enforcement and obstructed Congress’ responsibility to certify the vote that day.

United States Capitol Police Chief Tom Manger released a written statement Thursday saying the “National Special Security Event designation will further strengthen our work to protect the Members of Congress and the legislative process.”

“The United States Capitol Police has been preparing for the January 6 count, as well as the Inauguration, for several months,” Manger added. “We have made hundreds of changes and improvements over the past three years, and we are confident that the Capitol will be safe and secure.”

National Special Security Events, or NSSEs, are somewhat expected for major events, like State of the Union speeches, presidential inaugurations and the presidential nominating conventions that the Democrats and Republicans hold every four years.

This, however, will be the first time that one has been issued for Congress’ certification of the Electoral College vote.

The designation means the U.S. Secret Service will be the lead federal law enforcement agency planning security for the event, despite it being held in the U.S. Capitol, where USCP typically holds the top jurisdiction.

“National Special Security Events are events of the highest national significance,” Eric Ranaghan, special agent in charge of the U.S. Secret Service’s Dignitary Protective Division, said in a written statement released Wednesday. “The U.S. Secret Service, in collaboration with our federal, state, and local partners are committed to developing and implementing a comprehensive and integrated security plan to ensure the safety and security of this event and its participants.”