Recommended Citation

Lisa Marshall Manheim, Presidential Control of Elections, 74 Vanderbilt L. Rev. 385 (2021), https://digitalcommons.law.uw.edu/faculty-articles/723

Authors

Lisa Marshall Manheim, University of Washington School of LawFollow

Article Title

Presidential Control of Elections

Keywords

Congress, President, Separation of Powers, Elections, Administrative Agencies, Administrative Law, Voting

Document Type

Article

Abstract

An election that is “disputed” lacks two qualities after Election Day: a clear winner and a concession. These elections instead depend on legal processes — recounts, court proceedings, and more — for resolution. As a result, when a sitting President, running for reelection, becomes immersed in a disputed presidential election, he potentially enjoys an advantage over his opponent. He can attempt to exploit the powers of the presidency to push these legal proceedings in his favor. As a practical matter, this advantage can be formidable. A sitting president can resort to his extraordinary bully pulpit, for example, to influence public sentiment. This advantage shrinks, however, with respect to the President’s official powers — the legal authorities that the President can wield by virtue of his role in government. Here, a sitting President’s advantage over his opponent, at least after Election Day, is slight. As this Essay explains, the President’s powers over a disputed presidential election are not primarily legal in nature; they are political. And, accordingly, so are the means to push back.