Allegations about balance being lost and stolen. And as of last night, questions about what happens if one or more candidates is incapacitated. But its important to us to remember that only three days ago, led to any of us seems like months ago. The president once again alleged to a National Audience and with no evidence that the voting leads to fraud. He also refused to say that he will access the results of the election. Except. I think for a nation when we are bracing ourselves for what happens when the polls close on november 3rd. Although it is important to say and we say this often that in none of it self is does not indicate that the results are illegitimate. May be useful to learning the results hours after the polls closed. All all likelihood there would not happen this year and that is okay. So how does this all work exactly. What is the law. What is the constitution say and where does the constitution silent freighted that is what is today is about. We are very lucky to have for experts who will turn the light on what to expect and what to prepare for once the polls close on november 3rd. The plan is that we will have briefings and we will have questions from you. Elections and the determinations of who is the next president. Nathaniel is the james d professor of law at stanford law school. His scholarship and Legal Practice focuses on american law addressing issues like Voting Rights, political parties, campaignfinance, redistricting and information raise the codirector of the Stanford Policy Center in the program own democracy and the internet and social science. Thanks for being with us. Steaming thing so much for having me. And i should add to that long introduction, one other project which is the healthy election projects we start with mit. You can get some of our material at healthy election. Org fluting some of what we will be talking about today. Im going to pick jack with Powerpoint Presentation in my seven minutes. As i make that transition, let me start by reflecting on the news of the last 12 hours and how it has an impact on thinking about contested elections and everything that we are going to be talking about in the session. Which is that in addition to all of the other questions we are now going to deal with, we also have to talk about what happens if the candidate hes to be replaced whether its President Trump or Vice President biden, and there are procedures in place for this in the event there is a reason that the candidate even after the ballots have been printed, need to be replaced the rnc and the dnc have procedures that are in place to do that. Such that then when the election happens those will go to the replacement candidate. In addition if the replacement happens after the vote then sorted the constitutional machinery with operation and we have to deal the question of how the state legislatures might direct the president ial electors for each state. That is an issue people are thinking about already this election. Different states are more or less in a position to do that. Some of these states have laws require electors to vote for certain candidate and received the votes. There is no potential legal ambiguity there. Ill talk about more that the questionandanswer period the way we thought about this at least 24 hours ago, and how to think about how a contested election in this environment. So lets start just a little bit with the calendar and how we should think about each phase of the resolution process so we will have an election day on november 3. But we have the voting has already been begun, millions of votes have been cast. We should expect roughly half. [inaudible] in two weeks later there are various deadlines for the receipt of ballots. At the expiration for disputed ballots, for example different states have very different rules on this. Some states will not allow voters to cure defects in the ballots. For example of the signature does not match with what is on file, or if there are other technical problems with it and other states give you several days to cure those defects that will all happen in the first two weeks after the election. Followed by a period for me of canvassing of the ballots was certification. The camps he begins earlier than november 17. But the deadline to complete the actual count of the ballots go into the beginning of december. The reason we have to get it done by approximately at date. I want to put an truck on december 3 because there is some possible wiggle room here. Under the elect oriole act which is the statute that governs president ial elections passed by congress, theres a safe harbor deadline that was quite important that does not mean the votes are not completely counted by that date state will not have collectors count. The law says that they do have it counted by that date. Go to the Electoral College. None between december 14 and generate 26, we have sort of a presumptive list of electors from every state. Maybe one list, maybe more than one list, depending on the controversy. The certificates are open on january 6. At each stage of the process make the slides publicly available. Is that the nature of litigation and this election, postelection litigation will be determined by 700 several pack trim factors. The margin of victory at any given stage of the most important question. So although it is possible well be going into overtime in this election, we have to prepare for that possibility. It is certainly not guaranteed. It is possible we will know very soon after the election who won and who lost. Again, we should prepare ourselves and prepare the public for long counting. Its very possible we will know soon after Election Night. When depending on the nature of the dispute the litigation will take different forms. Whether its a dispute over absentee ballots, or provisional ballots, recount like this on the florida election. That depending on the nature of the dispute, different sort of triggers will be pulled. That are the nontraditional things to avert these risks and some speakers will discuss them is what happens if theres violence in Public Places . This unprecedented use of Public Authority . There problems with the post office that makes them unable to deliver the mail, about. Right . Depending on the nature of the dispute on the different deadlines may be shifted. And by form are we talk about the result in state court . Or federal court . Is through the administrative process. You may remember in the florida recount, right, theres a lot of administrative work pretty member and of state was in charge of that. But obviously theres a lot of work happening at the local canvassing boards and proceed to the state system. Different actors become more or less important different stages. And so, let me just run through quickly put anothers a lot of text. I will make these available to people who request them. Theres a lot of litigation already. There are over 300 cases that have been filed in this election already. They are going to set the tone for what comes after words. Well take particular attention to the pennsylvania case its potential in its way to the Supreme Court and how that might lay the groundwork for later litigation. If youre interested, we have a litigation tracker at healthy elections. Org which shows all of the cases and how they are progressing freights back on election day we will have lawsuits. Even in that matter while the voting is occurring in the few days before, in the weeks befor before. We should not be surprised at this litigation over polling place dysfunction or potentially violence with respect to poll watchers and the like. But then in the immediate aftermath, as i have said, i depends who is ahead, by how much, with the nature of the dispute is. I want to emphasize that although we will have a flood of absentee ballots in this election, states have rules to adjudicate and evaluate these ballots. We need to let the state processes work themselves out. Until most of the action will start in the state and local canvassing boards, right . Im potentially end up in state court and the like. It is possible that depending on the nature of the dispute you could have federal court action to protect the right to vote allegations that the election has been marked by fraud. In that week or two after the election, right, will see the processing head of the mail ballots. Some of these issues regarding the curing of absentee ballots could be litigated. And as result bush versus gore itself litigation of the rules itself that would apply in the counting. Then if it remains close and of course that is a big if, as we approach the safe harbor deadline becomes extremely important that the recount is for the actual count be completed so that the electors can meet in the Electoral College. Now we assume because we went through for a term bush versus gore which is not that long ago but many of my students were not even born yet, that we would file a bush versus gore path. They would get involved it will be very judicial eyes process. And then its possible, it is possible that we will have litigation and end up in the Supreme Court. These might be actively involve involved. But with the death of Justice Ginsburg things become a bit more complicated. Depending on the split with the court. There are other tas that shake other aspects of the constitutional machinery. Such as a state legislature coming in twopoint electors. There is a considerable dispute i would say over whether legislatures can ignore the will of the voters of the voters express their preferences on election day and it is clear who they voted for. But under a scenario in which the candidates are going about fraud and they sort of try to say there is a cloud over the results, it is possible you could see different coming from the state legislature and the governor of each state that he would have to be resolved by the House Speaker of representative representatives. I want to emphasize of the state legislature somehow averted the will of the voter, that would raise all kinds of other constitutional problems with respect to violent the right to vote. But weve really been in that situation. And with the possibility cant replacement you could see them exercising that right. I will just end with what happened in the succeeding. My generous sixers accounts on the floor of the house of the representatives. And generally 20th is when a new president is sworn in. And if no president has been chosen by that point, then the succession act gifts into place as the 20th amendment s and the speaker of the House Speaker of representatives becomes president. I will end up there and turn it over to my other colleagues. Stomach nay, thank you so much. First of all to everybody weve seen some questions and can you share the presentation, we realize it mightve been a little hard to read it was in presenter view. We will share the slides, nay will share his twitter feed, we will have it to join our twitter feed and we will also email it to you for the answers yes tricked up for this a lot of questions for nay we will get to nay. Important start with what does the constitution say, what is known what is unknown . So thank you for that, nay. Were now going to turn it over to talking about how the news media works in these instances as a reminder, the news media does not pull an election, they projected election. Although sometimes there is sometimes wording in some of these organizations they play a little fast and loose. It is really just the norm and something we are used to. Because the results have been so clear, its possible it wont be the case this year end thats white so important to start with everything that nay just talked about. But lets turn it over to the news media because thats generally how we find out what is happening in the world. Which is a good thing. Here details how works is sally busby, she is the senior vp and editor of the Associated Press. She oversees global news operation and news content from journalist based in 250 locations around the world. She let aps coverage of the president ial campaign of election including polling and coverage of the white house, congress, and the pentagon. Sally over to you, thank you for joining us. Thanks so much and welcome everyone. What im going to do is talk about how News Organizations fit into that structure, that constitutional structure that nay just laid out. Including our key role in projecting elections and counting vote on Election Night. First sort of important over the u. S. Election system is very decentralized. It is no federal agency that oversees voting. The state each control how their elections are run. I am practice that is led to wide variety of practices in Different Levels of skill in writing election. So on Election Night states report to the republic their Election Results as a result come in. But my organization, the ap and other organizations to establish all those results, gather them from each of the 50 states and put them together cleanly so that the public can see the whole picture on Election Night. The Electoral College does not meet for a very long time. And then based on that, as the vote comes in we say whos going to win the election but we realize we are not the official word in the country. But what we do is we do have very strong mathematical calculation based on the vote count. And when a trailing candidate has no path to catch up or win mathematically, we tell the public that person has won that race or that state or Something Like that. The networks also all do this. Each of us do it independently. For the record our methodology for doing that is only out of full transparency at our websit website ap. Org. That total works. Its not decided by popular vot vote. Its how the president s viewed. This in fact is white News Organizations are focused the Founding Fathers set up are in fact more critical and others are less critical. Theres more impact at the margin of others in that sweet set up whether we like it or not. For example if a candidate beats another cannot buy 100 votes in the state of florida, they get all of floridas electoral vote votes. That is with the most critical things to keep in mind when youre looking at News Coverage on Election Night. So thirdly very important, as early mail in voting has been growing strongly in the United States for years, go 42 of americans who voted in 2006 seen the president ial race just did so either by voting earlier voting by mail. They did not show up at the polls on election day. That was before the pandemic. The vast majority happen without any fraud. So without that with the pandemic they want to vote by mail. Some are having to ramp up quickly for that summer ready summer trying to get ready. I will say as a News Organization, we found that states got better at handling mail in dallas is a primaries went on in the summer and fall. Theres evidence theyre getting on top of it. Meanwhile, as nay said theres already Legislature Making glassman changes over the rules, things like how long after election issued a mail and validly counted . Much of that is the subject of intense political battles. One thing is very important to keep in mind, and general mistakes, not all but most can count mail about sprayed sometimes that can be days after election day. This has happened routinely over the last two years. It is not something new. On why my going through all this . The reason is to point out that a lack speed on Election Night and News Organization calling races does not mean something bad is happening. It is not equal corruption or problems necessarily. It might affect just mean a state is being careful to count all of its mail in ballots. Maybe its struggling with more than that theyve had in the past. That does not mean they wont eventually actively count them. We and other organization july fact checked about what the president said a mail in balloting. It really does not track with the reality and the accuracy of what we seen happen. So from a perspective as ive said, with the new org intro News Organizations do on Election Night, we cannot project winners, call races until someone has mathematically one or they have no path to victory. They have an automatic recount. So if someones ahead than automatic recount is triggered at a certain level, were not going to call that race because where theres an recount its going to happen. So states are going slower than normal accounting bells because they are trying to grapple with this new world, that will infect lightly impacts how fast race by the networks and by the Associated Press goes on Election Night. We do intend to be transparent on Election Night, that is one of the things that thing is most important. If we have said that his state is not a race or we have not projected a winner in a state will go on air. We will go to the people who would do our reporting to, to our customers to the public and explain why that is so. We will tell the public what is going on in realtime. If there is this vacuum were a winner is not clear. So that is one big chunk of the situation the show that is some ways the most important thing. At the same time or doing a lot of other things. You know, this story is changing every day. We know through empirical facts a lot of people requested ballots. If they get nervous about sending them in and then decide to show up at the polls anyway, theres some indication last few days some people are doing that. Then of course there might be a lot bigger crowds of the polls and we thought. So there is just a lot more uncertainty not about who people will vote for but the actual physical ways they will vote than there has been in the past. That of course is just one element. Were also ramped up on Election Night for everyone else on this call is going to talk about. Possible intimidation of voters or other types of conflict or unrest on Election Night. We will have to be able to cover that in real time to show the world in a public what is going on. Then of course we are completely ramped up for either realtime or next day legal battle. We assume many of us will emanate from the states. And theyll be hardfought in most cases. So very quick overview of the role of the press on Election Night. And also i think some of the things most News Organizations are trying to prepare themselves for an case there is a contested election. We obviously had a lot of experience in 2000 about something going to the Supreme Court. We thankfully have reporters in every state they can follow all of these local, lawsuits as they play out. I think the most important thing that we think we need to do i think we might have lost your audio there for Second Period you are just repping up so we will keep it there, hopefully everyone can hear me. I assume semel tell me if you cant. So sally, thank you so much for that really terrific context. We again, i just want to remind everyone if you have questions, click on the q a button. Dont put it in the chat please, quick on the q a button. Add your name, your filiation your location if youre comfortable doing so and your question as insisting to manner as possible. In terms of our next speaker, just days ago we learned that President Trump 2016 campaign was accused of actively trying to deter three and half million black americans in battleground states from voting. They did so but with targeting them with negative Hillary Clinton ad specifically towards those individuals on facebook. This is sadly not the sole instance of attempts to assist press citizens of colors from voting. Well talk about that and more, we are really pleased to have sherilyn heisel. She is the president and council of the naacp Legal Defense and Education Fund the nations premier rights fighting for Racial Justice and equality. A position she sailed from 2013. Previously she was with the aclu which she had Voting Rights cases intact civil procedure and constitutional law at the university of maryland for almost 20 years. We are so thrilled to have yet a another wonderful expert on this topic. In sherilyn i turn it over to you. Thank you vivian. Thank you all for joining this important meeting. So we heard earlier that there will be litigation around this election part i can assure you there will be. Let me just give a lens into the way we are looking at this in terms of the Africanamerican Community. I think it might be of interest to you. We have a number of concerns, two of them are really top of mind at this moment. The first one is around intimidation itself. The issue of potential violence, the issue of individuals and groups intimidating black voters at the polls. A lot of what we heard of the past two weeks suggests this is not an irrational concern and fear for us to have. On so, we can expect that theyre going to be a number of concerns about whether there had been Voter Suppression that happens in real time at the polls. And frankly, as of already started to see early voting is in play for this as well. This may mean there are real concerns on the backend of whether all voters in particular polling places were able to participate equally in the political process. The issue of militias and so forth will be taken up by one of her subsequent speakers. But they all fall into this intimidation. We should member intimidation is not just by independent militia groups. We also have concerns frankly about state actors for you heard the president talk about bringing out sheriffs and so forth. We are also on the lookout for that. Their number of civil rights statute so help us on the backend, 42 usc 1985, that prevents against conspiracies to interfere the right to vote. Those are back and litigation that will be available to us. In the might form the basis for being able to challenge a legislative vote that comes into a particular polling places. Its critical to be aware of that. This secondbiggest front absentee voting prayed that is because the covid19 pandemic, many civil rights organizations have pushed to try to expand absentee voting opportunities for black voters. The black community has been very hard hit as you know the black and latino communing by the covid19 pandemic. And so a number of us including the Legal Defense fund have really honed in on some of the absentee voter requirements in some states. We recently won our litigation in louisiana, three days ago we received a favorable decision in alabama, which relaxes absentee voter restrictions. What this means is we are going to see something we generally dont see. So africanAmerican Voters are less likely traditionally to vote absentee. African American Voters often have this trust of the absentee process. Want to vote in person. It is part of a kind of acknowledgment of history. And so traditionally, we have not wanted to vote absentee. It is also true that the votes of africanamericans who cast absentee votes are more often not counted than those of white voters because of errors and how the absentee vote was returned to the pole. But i think this year were going to see something quite different. Because we have been encouraging, particularly elderly africanamericans who are more likely to come out to the polls traditionally to vote absentee to protect against covid19 pandemic. What that means than is theres also the obligation on the back and to count all this absentee votes. And so Election Night is one issue. But the week after the election is going to be critical to count those votes, particularly in places where africanamerican turnout is a particular important to the president ial election to Senate Elections and to other down ballot races. We expect and fear frankly there may be intimidation of both counters. Vote vote counters. Many of summer the Brooks Brothers right into thousand in the bush versus gore election. You know our fear this year is that rather than wearing khakis, theyll be strapless ar15s. It is critical to engage with the attorney general, with governors to prepare, to protect the election counters the week after the election so we can ensure all absentee votes are counted. To the extent there are problems on Election Night and there always are. This year we expect there to be an incredible turnout on election day, therell be more provisional ballots cast than usual. These are the belts that are casting you come up to the table and you know this is your polling place but somehow your name is not on the books. You are placed on an interactive list or there are other issues associate with your ballot. You may be permitted to vote provisionally praised the provisional ballots are not counted on Election Night. The following week you have come back into the board of election to cure the provisional ballot. To explain why shed been able to elect vote that polling place. Many years is not a big deal because elections are not that close. A number of states and jurisdictions where they may be close, even the provisional ballot will be critically important. And once again come to the extent we have seen massive voter purge, targeted at the Africanamerican Communitys, polling place changes targeted at the Africanamerican Community and other Voter Suppression activities we should expect the disproportionate number of people will be casting provisional ballots will be black voters. And so again, we need to make sure africanAmerican Voters who voted provisionally will have an opportunity to cure those ballots on the back ends. Got the issue of intimidation, got the issue of absentee votes, provisional votes, i should also mention the issue of the polling place itself on election day are likely to the subject of litigation a number of jurisdictions. Therell be very long lines but especially to the extent we have problems with machines and we have seen this in 2018 in 2016. Sheehan that mysteriously switch the vote from one party to another. They have to bring out a technician to calibrate the machines. And giorgi may recall the polling places open for hours late because for some reason the power cords were not in the polling place. We typically go into court on election day to seek in extension of ours. We have the primary election this year the last vote in the primary at nevada this summer going to be litigation that data extend the hours of the polling place. That too may be the cause of some of the delay in the to call the elections but also some the confusion that may happen in the polls and we fear intimidation at the polls. Particularly at the present, quite frankly is a social media to suggest that people vote. [inaudible] and have evidence of fraud. I want to add one thing on the account that is not been discussed that may not be discussed today. This is about what happened on january 6. You will recall that during bush versus gore, january 6 when the electors were all to be accepted by congress, it was the members of the black caucus proposed acceptance of the 25 electors from florida. They were acting in accordance with three usc section 15 which they are raising an objection. Under that statute, that objection can only be received if it is also signed by at least one member of the senate. No member of the senate was willing in january 2001 to sign that objection issue giving all we have talked about in that very many legitimate reasons why people may have concerns about the votes that were cast in voter election in many states we keep in mind that the new senate is seated on january 3. And that meeting may be a senator who is willing to sign on particularly with the house if they believe racial Voter Suppression happened either casting or counting of ballots. This is one of the reasons the senate races are so important. As we think about calling the election whats going to happen in the accounts, we should remember alabama which is normally written off in the president ial election as a red state. We should think about georgia, south carolina, these are places in which there are Close Senate Races and arizona as potential battleground states. It works principally in the south. We are focused on both states. We are Nonpartisan Organization that every vote is counted. I would just draw your attention to the fact that we really have to take this all the way to january 6, and that potential statutory challenge that may be received quite differently in 2021 that it was received in 2001. Stop there happy to take questions later purge direct thank you so much, theres so many variables and think all of the panelists for shedding light on all of them. In the debate the other day you may recall the president told the white supremacist group, proud boys to stand back and stand by. And while theyre different interpretations as to what he meant, there is evidence that far right fascist groups are preparing to act. They very been signs of intimidation at the polling places the early voting places. Kind supporters of the Vice President in the event of intimidation at the polling places. What does the constitution say in demonstrators to shed light on that topic, we are pleased to have mary mccord, legal director of the institute for constitutional advocacy and part action and visiting professor of law, previously mary was acting assistant attorney general for the nestle Security Department of justice, but the National Security division and worked with the u. S. Attorneys office for the district of columbia. Mary, thanks for joining us and over to you. Thank you so much for having me. To all my fellow panelists. No our focus here is on the day after. But in light of vivians comments and will be heard i think its worth talking also about the prospect of armed groups intimidating voters at the polls. Here the president the other night was unwilling to denounce the possibility of civil unrest following the election. He was urging his supporters to go to the polls to pull watch. And he was of course reaching out to the proud boys to stand by. This is a dog whistle for far right armed groups. Outside of Governmental Authority that shown themselves historically in this last year since a pandemic started and george floyd was killed, shown themselves to be coming out in public much more frequently. Certainly in responsive things the president says. That is both an opposition to government such as we saw earlier this spring with groups of armed individuals stormed statehouses and governors and mansions in lansing, michigan. And in louisville, kentucky and elsewhere in opposition to Public Health and safety orders. In state health orders. More recently in response to an masked orders that they are opposed to. Weve also seen arms group deploying and what is more of reported to be at augmentation of Governmental Authority. That is usually in response to Racial Justice protest, where they deployed to downtown streets during demonstrations and marches to protect property often in response to false rumors of violent anarchists coming into the community. This has had tragic results as we have seen in kenosha, albuquerque and other places with people being shot, wounded and forced killed in connection to people killed. These arms group as i mentioned have a history of responding to the president statements. Not just recently but over the past several years. Several groups responded to the southwest border at the president complained about the Migrant Caravan threatening the u. S. They had no authority, they were not called into action by any Governmental Authority but they came to the southwest border and took migrants into custody and held them for customs and border patrol. We sell them deployed to approach from rallies to protect rally goers. We have seen them call out over social media a willingness to come to the president s aid bactrian impeachment proceedings in the event the present would be impeached and removed from office. We have the daily dose of disinformation about mail in balloting being susceptible to fraud. In about any delay in the tabulation been the result of a rigged election. And so based on the past, we can expect that really will be a call for some of these armed organizations to self deploy to the polls, to protect the vote. To protect against fraud. And then post election to the counting of the votes. And if the vote dont go their way theres already talk on social media about civil unrest. So what i want to make sure its if you only take three things away from what i had to say today, his first that armed groups of individuals have no authority under federal or state law, of constitutional statutory law to call themselves into service as a militia. Secondly, the Second Amendment, the interval right to bear our does not protect paramilitary or bullish activity by unauthorized armed individuals. And it does not prevent states from prohibiting it. Third, all 50 states prohibit i it. To let me unpack that a little bit for you. Groups will often report to the use of the term militia and the u. S. Constitution and in state constitution to say that is us. We have authority under the constitution to exist, to muster and to self deploy when we think that is necessary. Militia historically understates back before independence here the u. S. , refers to all ablebodied residents between certain ages who are available for the government to call into active service in defense of the state. There is no authority in federal or state law with armed groups of individuals to self activate her call themselves forth. In fact, every state has a very comprehensive scheme which the governor in times of need can call for ablebodied individuals. Once he does so, in this to be to ogden the National Guard which already existing office, if he does so they then become subordinate to and must report up through the civil government. In fact, 48 states have made into their constitution the requirement that in all cases the military be subordinate to the civilian government. Second, for all of the areas of gray in the Second Amendment, this is not one of them. The Supreme Court in 1886 upheld we were in post civil war reconstruction, upheld a law that still exist to this day in 29 states that prohibits bodies of men from associating together as a military units or. Rating or drilling in public with firearms. The Supreme Court upheld that statute against constitutional challenge in 1886 saying it was without question in order to protect peace and good order. In 2008 the Supreme Court went holding for the first time in that case, with the Second Amendment protect individual right to bear arms from individual self protection, contrasted that with statements in 1886 and reaffirmed that the Second Amendment does not prevent states from banning private paramilitary organizations. And of course the third point is all 50 states to. Whether to the constitutional provisions i mention, whether it is to the anti malicious statutes which are criminal statutes and 29 states, or whether it is through anti paramilitary activity statutes would suit distant 25 states. Which bar training, obstructing or demonstrating or practicing the use of firearms or techniques capable of causing injury death during a civil disorder whether it statutes that have the false assumption of the duties and functions of law enforcement. There is no state that authorizes this type of private armed activity. There is no states that does not prohibit it explicitly in its laws. So it is incumbent. I dont think going into this election, pre, during, post which is necessary rely on the federal government to protect boater safety and Public Safety this is going to fall on state and local officials to know these law, to make public statements right now about the importance of voters to face the polls Public Safety after the election, whether tabloid the votes, and the winner is declared. In the fact the laws do not permit this type of selfhelp, this activity by private armed organizations. They can be investigating now, they can be issuing civil orders, they can do criminal prosecution were necessary. It really should stretch across the ideological political divid divide. I commend the republican commissioner of elections in philadelphia yesterday for coming out strongly against voter intimidation. That is the kind of thing we need to see. The support, the validity of the election, there is no reason to believe theres going to be any type of massive fraud. No reason to believe disinformation circling on social media and urge peace, calm, and a peaceful transition of power should that be the results of the election. Mary, thank you so much. So much of this misunderstanding about those points. I appreciate your last comment that all of our panelists have been so clear that while we all must remain vigilant, that are in place, and that work. Were going to jump right into the remaining minutes want to rent into the question, this first one there states like pennsylvania which of course is a swing state, with the republicancontrolled legislature, under what circumstance can that legislature decide on its electors rather than electors that were voted in by majority . Will under pennsylvania law , and let me emphasize is very statebystate. So what ill say about pennsylvania does not necessarily apply everywhere. Under pennsylvania law has to be the choice of electors has to be part of a normal lawmaking process there are several levels this is being asked. Suppose there is a clear winner in the popular vote in pennsylvania than the state legislature was to potentially overturn that election, can it do that . The short answer is not under pennsylvania law. But then you get into an interesting debate in the u. S. Constitution because article two of the constitution says each state shall determine in a manner determined by the legislature thereof a number of electors. And so you do have the possibility that state legislatures could make the argument they have independent authority to choose electoral space. That is not the end of the story even there. Because we have a robust Voting Rights if you overturn popular election the courts will have something to say about it. I doing to emphasize one thing just because i may have spoken in error in my presentation. Glad sherrill mentioned this. The adjudication of the final certificates for the Electoral Colleges and by congress. It would be both the senate and the house that would do it. Its actually open make the certificates are open before the House Speaker of representatives that the dispute is semi both houses of congress. Thank you, thanks nay. The next question for sally rona direct this one to you. It comes from David Boardman in pennsylvania who is a legendary editor and journalist. The question is, sally hasnt been any discussion among the major news players, about working together on ground rules for when projections given the unique circumstances . I sumi mean around race calling and other things. I mean thats a great question. Think it sort of a double edge sword. I think that there has been som some. I thought about that question. I think that the media is very worried about violent other News Organizations that hey heres how are going to do Election Night. Think they would be open to some people in this country perhaps saying that media was colluding or Something Like that. So i think there has been some , no we all have our ethical standards. Other News Organizations that are factbased incredible and have high standards we consult with regularly just to make sure that we know, like lou are we doing things the right thing is there some better way to do something or Something Like that. There has not been actually. We have been participating to like to answer the question another way. We have been participating in every panel at this so we can find so we can throw out what we do in the most transparent way possible. Like i said, how we call races on her website. So we are doing that so the public and certainly other News Organizations have the right to contact us saying hey, we dont agree with this. We herded like this or whatever. Theres a lot of transparency we are trying to have this year, i would say is incredibly higher than any past year. And, you know, i know a fair amount. You know everyone recalls independently. They project races independentl independently. But, it is a small world. We all know each other standards are. I fundamentally think that group of people including the people at fox, theres a really interesting call about the race calling operation at fox, which is a very good operation by the way. And very independent from its talking head people. You know, i think everyone is trying to do the right thing. So we sort of talked about some of that. But i do think i am a little leery of the idea that all News Organizations in america are getting together and deciding what to do. And so what we are trying to do is stick to our standards, be transparent about our standards and then in real time be transparent about her standards. Which is kind of the thing for us to do that we did not always do historically in the past. But, we are willing. Any panel like this, talking to the public about what the medias doing, i am willing to show up at. And we are willing to lay everything out there for election day. Anything that anyone has, any ways to open up the books of the news media we are open to that idea. Thanks sally so much for the next question comes from Catherine Boyle she wrote to lowe from Washington State. Something ive heard our secretary of state say by the way the secretary of state is kim wyman a republican in Washington State, this is my editorial addition to this the audience that Washington State has had decades of experience of mail and voting. Something ive heard her secretary state saves a job within election administrator is to convince the loser that they did in fact lose. Ill be very interested to hear any or all of the panels talk on this issue. Sure when would you like to take that one . First of all i dont other thats election of the election officiated. I especially think that any candidate will be impervious to that this year, people have whole teams that they are using to advise them on the account. As i suggested, i think these exactness factors that we have all been talking about are very much going to influence whether candidates are willing to accept accounts. So yes, on one hand and think the Election Administrators want to be able to do their jobs for this is one of the reasons why i think the potential intimidation of counselors after the electio election, is so harmful part obviously be a terrible thing. But it will also increase the likelihood that candidates will not accept the result if they feel pressure has been brought to bear on those counting the ballots. And it will undermine confidence in what Election Administrators say are the outcome. So its a very important accounting there be a lied birth around accounting so people can feel confident and subsequent week that the ballots are in fact been counted without intimidation, without Election Administrators big dock, without something of the things we fear may happen to undermine the ability for people to believe that they should have confidence in the counts. Ma in fact undermine the confidence in account. And while have the might, vivian i just want to point out for the last question about whether news media has come together, we should also member social media. And facebook has announced that it will not allow posts by campaigns of the candidates calling the election until routers and apf called the election. Says been many conversations with the Facebook Team about our fears about how some of facebook will be used. One thing they have agreed to do is that. They will not allow the platform to be used for candidates in their campaign so called, called the election for they are relying on routers and ap is there kind of official sources. They will not allow it until those races have been called by those two platforms. Stomach great, thanks thats really important edition. The next question comes from sonja jarvis, shouldnt we be worried that the president could order the u. S. Attorney general to impound voting boxes and king swing states under the Voting Rights act . Or if there civil unrest on election day for the president and vote the insurrection act . I dont know merrick unit take that one . If not been given to nay. Ill take the second peace of that and let nay orson sherrilyn take the first peace of that on the pound but of the ballot boxes. It comes to the insurrection act, the president does have some authority to call or its state militia and by that i mean official like the National Guar guard. Reporting up the Chain Authority pretty including insurrection or the inability to really protect federal and state law, to enforce federal and state law. So the question bears then, he can also ask voluntarily for states to send their militia. For example we saw in washington d. C. On may 30, june 1 right after george floyd was killed, when we sell the president asking for state and National Guards to send their units to d. C. To quell civil unrest prayed that was not a use of the insurrection act. That was a request to voluntarily come. And a number of state said yes. But a number of state governor said no to that request. So the insurrection act, is not just a request. It is a demand. It isnt certain circumstances. The question there would be are the circumstances of insurrection or rebellion or the predicates in the statute actually met based on what is going on . Now i think it would be a misuse of that authority for the president to suggest for example that he did not think the outcome was fair. He didnt think it was right into protect against civil unrest he would invoke the insurrection act. If there is no reason to believe the election is unfair , that proves upbeat abuse of that authority. That said, we have an attorney general who is very much a believer in the unitary executive authority. Its a great deal of authority in the president. It remains to be seen what sort of legal advice or legal arguments the attorney general would make. Its another area were we could potentially see litigation if the authority is misused. Michele doing to take the first part of that question. Should we be worried that he would have the attorney general impound voting boxes . We know the president can say he can order the attorney general to do anything by the question is will he do it . With this attorney general, sadly this is the random factor. Whether he can lawfully do it, i would of course say no. But enforcing this attorney general has taken the stance as many of assisting quite alarming and particular state power and state authority. This is one of the things we have to keep top of mind. With all the things i mentioned earlier is for challenging elections or being concerned what happens on election day, are matters that we would normally reach out to the department of justice to assist us with. Or the local u. S. Attorney to assist us with. I will say that this year, in many states we dont feel that way. Certainly not in terms of what the attorney general elected to dip right there is no confidence of the Civil Rights Community that the attorney general be protecting the belt for voters rather than for the president at this moment. Thank you for that. Really sorry to say were out of time because there are so many other great questions. Thats a lot of questions and particular about the specific impact on President Trumps illness and the various scenarios there, thank you for test and that a bit. Eight of sorry we cannot get to them pray thank you for being with us will post a recording of this session is to be broadcast on cnbc. I want to thank all of our speakers who have participants. Its going to be an interesting fall. Im glad you could all be with us, thanks very much. The competition is on. Be a part of this year cspan video competition. I make a five to six minute documentary, exploiting the issues you and the president congress to address in 2021. Be bold with your documentary. Theres one or thousand dollars in total cash prizes included grand prize of 5000 for the deadline to submit videos is generate 20th 2021, be informed you will find competition rules tips on how to get started on her website, to be on cspan2s top nonfiction books and authors every weekend. Saturday at 915 eastern, donald trump junior on his book trip privilege. And then on her book the virginia dynasty former second Lady Lynne Cheney chronicles the leadership of the four of the first five president s from virginia, george washington, thomas jefferson, james mattis and james monroe. And on sunday on after words former cia director brandon talks but his life and career in his book undaunted, my fighting us americans enemies at home and abroad. He is interviewed by New York TimesNational Security reporter julian barnes. Watch book tv, this weekend on cspan2. Coming up tonight on cspan2, the ceo of pharmaceutical companies on drug prices. That hearing on how the coronavirus pandemic has impacted the food industry. Later a preview of the 2020 elections and the race for control of the u. S. Senate. Up next pharmaceutical executives have to buy a Prescription Drug pricing Reform Committee heard from ceos of several companies who defended the rising Retail Prices of drugs against the cost of doing research and development. This is the second day of a twopart hearing with drug company leaders. It is three hours 35 minutes. Welcome to todays hybrid hearing pursuant to House Speaker rules some members will appear in person and others will appearer remotely. Some members are appearing in person, let me first remind everyone that pursuant to the latest guidance of the house attending physician, all individuals attending this hearing and person must wear a face mask, unless you are speaking. Members whono are not wearing a face mask will not be recognize recognized. Let me also make a few reminders for these members appearing in person. You will only see members and witnesses appearing remotely on the monitor in front of you. When they