Below is the abstract for “Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism,” available for download on SSRN.
Congress should enact a law requiring a candidate for a seat in Congress to receive a majority of votes in order to win the election. Congress should let states determine what particular procedure to use to determine whether a candidate wins a majority, as there are significantly different methods of identifying a majority winner. While this simple piece of legislation might seem inconsequential—many Americans assume, erroneously, that elections already require majority winners—it in fact would cause states to undertake a form of experimentation in the details of electoral system design that would have the effect of counteracting the threat that anti-democracy extremism currently poses in America.
Suggestion citation: Foley, Edward B., Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism (May 10, 2021). Ohio State Legal Studies Research Paper No. 616, Lewis & Clark Law Review, Vol. 26, No. 2, 2022, Available at SSRN: https://ssrn.com/abstract=3843029 or http://dx.doi.org/10.2139/ssrn.3843029.