Lawfare Archive: How to Steal a Presidential Election

This episode from the Lawfare Archive revisits a 2024 conversation between Jack Goldsmith and Lawrence Lessig on the vulnerabilities in the U.S. presidential election system, as explored in their book *How to Steal a Presidential Election*. The discussion centers on how legal loopholes and procedural ambiguities—despite reforms like the Electoral Count Reform Act of 2022—still allow for potential manipulation in close elections. Lessig outlines seven plausible scenarios for election subversion, including the misuse of faithless electors, rogue governors manipulating certification timelines, and the strategic delay of recounts to lock in unfavorable results. He emphasizes that while the law can codify procedures, it cannot enforce good faith—a critical missing ingredient in a polarized political environment. The episode underscores that the real danger lies not in the rules themselves, but in the erosion of norms and the willingness of political actors to exploit ambiguity when stakes are high. The conversation concludes with a sobering reminder: no legal framework can fully protect democracy if key actors operate in bad faith. Key takeaways include: (1) The Electoral Count Reform Act, while an improvement, still enables strategic manipulation through strict certification deadlines; (2) State legislatures retain unchecked power to direct electors after Election Day, potentially overriding popular vote results; (3) The concept of 'fake electors' is not just a 2020 anomaly but a structural vulnerability that could be exploited in future close contests; (4) The system relies heavily on the assumption of good faith, which is increasingly fragile; and (5) The most effective defense is not just legal reform, but cultivating institutional immunity through public awareness and normative reinforcement. The overall tone is cautionary but not hopeless, stressing that understanding the system’s flaws is the first step toward strengthening it.